IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.41052 of 2009 GORELAL SADA son of Bhadey Sada Versus STATE OF BIHAR ----------- 2/ 01.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 395 and 412 of the Indian Penal Code. Submission is that the petitioner used to work as a labour in the farm of the informant and the allegation is that number of accused persons on the fateful night looted the grains stored by the informant. After the present case, the petitioner was again implicated in the case of stealing of cattle but there is no other case apart from these two cases pending against the petitioner. Taking into consideration the aforementioned fact and the fact that the petitioner has remained in custody since10.4.2009, let the petitioner, above named, 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 the Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Morkahi) P.S. case no.170 of 2003, 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, (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, - 2 - (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 any manner, his bail will be liable to be cancelled for reasons of misuse, and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)