IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33047 of 2009 CHANDAN KUMAR SAH SON OF YOGENDRA SAH, RESIDENT OF VILLAGE MADHOPUR GOVIND, P.S. CHAKIA, DISTRICT EAST CHAMPARAN … PETITIONER Versus STATE OF BIHAR ----------- 3. 29.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report nor put on test identification parade nor any recovery has been made from his possession and the only material that has been collected is that on his Mobile somebody had called from one of the looted Mobile, which is not enough to incriminate the present petitioner, let the petitioner above named, who has no criminal antecedents, 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 Judicial Magistrate, 1st Class (Railway), Bettiah in connection with Sugauli G.R. P.S.case No.26 of 2009 arising out of Sugauli Rail P.S.case No.26 of 2009, subject to 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 and (ii) that the petitioner will give an undertaking that he will - 2 - 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 any manner, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )