IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.536 of 2010 JATTA YADAV, S/O LATE GUPTESHWAR YADAV Versus STATE OF BIHAR **** /2/ 19.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 395 of the Indian Penal Code. 3. 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 their possession, let the petitioner, above named, who is in custody since 09.10.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Nokha P.S. Case No. 83 of 2009 to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, on 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 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, (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date 2 fixed for charge and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse and (iv) it has been submitted that the petitioner has no criminal antecedent and so the affidavit shall clearly state about the antecedent of the petitioner and it will be open to the Court concerned to call for a report about the antecedent of the petitioner from the Superintendent of Police and in case it is found to be contrary, the Court below shall initiate a proceeding against the person who has sworn affidavit in the present bail application. S.A. (Anjana Prakash, J)