IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25812 of 2010 1. BIR BAHADUR SINGH SON OF RANJI SINGH 2. BUTAN BAHADUR SINGH @ BUTAN SINGH SON OF RANJI SINGH 3. ASHOK SINGH SON OF SONA SINGH 4. SONA YADAV SON OF CHHAPIT SINGH 5. DHARMENDRA KAHAR SON OF JANAK DEO KAHAR Versus STATE OF BIHAR ----------- 2. 2.8.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 379 of the Indian Penal Code. It has been submitted that the petitioners are not named in the first information report, which was instituted for theft of electric wires, but subsequently they were arrested on a jeep with the said wires, for which Charpokhari P.S.case No.18 of 2010 was instituted. Considering that the petitioners are in custody since 25.5.2010 and the petitioners’ father/brother undertake responsibility of the petitioners’ conduct after their release from jail custody, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara in Udwant Nagar P.S.case No.15 of 2010, subject to the conditions (i) That one of the bailors shall be the father/brother of the petitioners and the other bailor will be a close relative of the petitioners who will give an affidavit giving genealogy - 2 - as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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, (iii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The Magistrate concerned shall consider amalgamation of the present case with Charpokhari P.S.case No.18 of 2010 since both the cases arise out of the same subject matter. Narendra/ ( Anjana Prakash, J. )