IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10598 of 2010 1. VINOD LAL HARI, S/o Babulal Hari. 2. Md. Kaimuddin Ansari @ Md. Kaimuddin @ Kamaruddin @ Kayamuddin, S/o Sher Mohammad. Versus THE STATE OF BIHAR ----------- 02. 19.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 395, 397 and 412 of the Indian Penal Code. The petitioners are not named in the First Information Report and the name of petitioner No. 1 transpired in the confessional statement of petitioner No. 2 but neither he was put on Test Identification Parade nor has there been any recovery from their possession with regard to petitioner No. 1. It is being submitted on behalf of petitioner No. 2 that he was arrested on suspicion and from his house a sum of Rs. 30,000/- was recovered. The submission is that the money was not looted and he does not have any criminal antecedent. In view of such, let the petitioners above named who are in custody since 20.06.2009 and - 2 - 23.06.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 99 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 and the other bailor shall be local in nature since the petitioners belong to West Bengal. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall 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. (iii) That the petitioners will give an undertaking that they will receive the police papers - 3 - 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. (iv) 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. The fact that the petitioners have no criminal antecedents will be verified by the Magistrate before releasing the petitioners on bail Vikash/- (Anjana Prakash, J.)