IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39211 of 2009 MUNNA MIAN, S/O ANWAR HUSSAIN Versus THE STATE OF BIHAR **** /3/ 05.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 395, 397 and 412 of the Indian Penal Code. 3. Mr. Mukhtar is the informant of the present case who was the alleged driver of the vehicle which was stopped and looted by unknown miscreants. Soon, thereafter, the informant himself was made an accused on account of his seemingly suspicious conduct and he is alleged to have given a confessional statement implicating the present petitioner. In pursuance to the same the house of the petitioner was raided on 05.06.2009 and a sum of Rs.15,250/- was recovered from the joint house. Thereafter, another seizure has purportedly been shown by the investigating agency, but, from the perusal of the same it appears that there is disparity in the dates in column no. 1 where it is stated that the seizure was being made on 07.03.2009, i.e., three months before the occurrence took place. Also the signature of the father of the petitioner is said to have been taken on both the documents, in one of them the signature is as Anar 2 Hussain whereas in the next one it is Anwar Hussain, this also appeared to be suspicious. There is no explanation as to why on two dates the house of the petitioner was searched. It has been submitted that the petitioner has no criminal antecedents and is in custody since 07.07.2009, under the circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Siwan Town P.S. Case No. 71 of 2009 to the satisfaction of the Chief Judicial Magistrate, Siwan, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date 3 fixed for charge and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse. 4. The fact that the petitioner has clean antecedents will be verified by the Magistrate before releasing the petitioner on bail. S.A. (Anjana Prakash, J.)