IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39113 of 2009 GHOULA PARIHAR S/O BISUNDEV PARIHAR Versus STATE OF BIHAR ----------- 3. 4.1.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 461 and 380 of the Indian Penal Code. Taking into consideration the fact that no article was recovered from the possession of the petitioner and his name transpired on the confessional statement of the co-accused, but it has been submitted that he is not an accused in any other case of similar nature of theft of idols, let the petitioner above named, who is in custody since 12.8.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Katihar in Barari P.S.case No.184 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) 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 (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in - 2 - any manner, his bail will be liable to be cancelled for reasons of misuse. Before releasing the petitioner on bail the learned Magistrate will verify the fact that the petitioner, even though accused in two other cases of 379 I.P.C., is not an accused in any other case of theft of idols and in case he is involved in any other case with regard to theft of idols, he shall not be released on bail. Narendra/ ( Anjana Prakash, J. )