IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44653 of 2009 MANOJ SINGH son of Ramashray Singh Versus STATE OF BIHAR with Cr.Misc. No.45048 of 2009 NAGESHWAR PASWAN son of Pokhan Paswan Versus STATE OF BIHAR ----------- 2. 17.12.2009. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 414/34 of the Indian Penal Code. Taking into consideration the fact that the petitioners were not caught at the hotel nor was any recovery made from their possession and their implication arose only at the confessional statement of co-accused Saurabh Kumar but the petitioners have no criminal antecedent, the above named petitioners be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Gandhi Maidan P.S. Case No.364 of 2009 subject to the following conditions: (a) 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, (b) 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. (c) that the bailor shall also state on affidavit that he will - 2 - 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 a proceeding for cancellation of bail on the ground of misuse. (d) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Md.S. (Anjana Prakash,J.)