IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20918 of 2009 MUKESH KUMAR, S/O Kishori Singh, resident of village Sherpur, P.S. Harnaut, district Nalanda .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /4/ 27.08.2009 Heard the counsel for the petitioner and the State. 2. The petitioner seeks bail in a case instituted for offence under Section 379 of the Indian Penal Code. 3. Taking into consideration the fact that the petitioner, above named, is in custody since 25.02.2009, let he 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 Agamkuan P.S. Case No. 45 of 2009 to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, on the conditions (a) 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 (b) 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 2 initiate the proceeding for cancellation of bail on the ground of misuse. 4. It is being submitted that the petitioner is an accused in only one other case of theft, which fact will be verified by the Magistrate concerned and if it is found to be incorrect the petitioner will not be released on bail. S.A. (Anjana Prakash, J.)