IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.31392 of 2011 1. Ghutar Manjhi son of Late Mahabir Manjhi & 2. Dablu Manjhi son of Ghutar Manjhi …Petitioners Versus The State Of Bihar …OP ----------- For the petitioner : Mr. R. S. Choudhary, Advocate For the State : Mr. J. K. Singh, APP ----------- 2/ 22.09.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 395 of the Indian Penal Code. It has been submitted that the petitioners have been implicated in this case after one and half year of the occurrence on the basis of the statement of the Chaukidar that the petitioners were seen near the place of occurrence and there was recovery of looted mobiles. Considering the aforesaid as also that the petitioners have fair antecedents, 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 or any other surety to be fixed by the court below to the satisfaction of the Additional Sessions Judge-cum-Fast Track Court No.5, Munger, in connection with S.C. No.439 of 2011 arising out of Kharagpur P.S. Case No.178 of 2009, 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall 2 clearly state that the petitioners are not 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,(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, and (v) 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. JA/- (Anjana Prakash,J.)