IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10262 of 2010 1. PREM CHAND PASWAN SON OF JANARDHAN PASWAN 2. KHOBHARI PASWAN SON OF NAND LAL PASWAN 3. SURESH RAM @ NEPALI SON OF SITA RAM RAM Versus STATE OF BIHAR With Cr.Misc. No.11657 of 2010 BISHRAM RAM SON OF TENGRI RAM Versus STATE OF BIHAR ----------- 2. 1.4.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 396 and 120B of the Indian Penal Code and 17 of the C.L.A. Act. Taking into consideration the fact that the petitioners are not named in the first information report and their name transpired during investigation on the confessional statement of the co-accused and they have no criminal antecedents, let the petitioners above named, who are in custody since 10.11.2009, 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 A.D.J., F.T.C. Ist, Buxar in Itarhi P.S.case No.16 of 2007 (In Cr.Misc.No.10262 of 2010) and Chief Judicial Magistrate, Buxar in Itarhi P.S.case No.16 of 2007 (In Cr.Misc.No.11657 of 2010), subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the - 2 - affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) 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 and (iv) 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. The Magistrate concerned will immediately commit the case for trial so that the same can be amalgamated with Sessions Trial No.282 of 2008 pending before F.T.C. I. Narendra/ ( Anjana Prakash, J. )