IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44217 of 2009 1. RATAN BAHARDAR SON OF BISHUNDEV MAHALDAR 2. YOGANAND BAHARDAR SON OF SADHU BAHARDAR Versus STATE OF BIHAR ----------- 3. 19/01/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 395 of the Indian Penal Code. Taking into consideration the fact that the petitioners were not named in the First Information Report nor put on Test Identification Parade nor has there been recovery of any article from their possession, let the petitioners above named, who are accused in only one other case besides present one, 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 Chief Judicial Magistrate, Purnia, in connection with Sarsi P.S. Case No. 34 of 2009 subject to the following 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 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. (iii)That the petitioners will give an 2 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. S.Ali (Anjana Prakash, J.)