IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16236 of 2010 JANG BAHADUR MAHTO @ JANGHA MAHTO @ JANGHA NONIYA S/O INAL MAHTO Versus THE STATE OF BIHAR ----------- 2. 13.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395 and 397 of the Indian Penal Code and 27 of the Arms Act. The petitioner is not named in the first information report and when his house was searched pursuant to the confessional statement of the co-accused only articles of common use were recovered from his house without any special identification mark. It has been submitted that the petitioner has no criminal antecedents as per paragraph 12 of the petition, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. In view of such, let the petitioner above named, who is in custody since 28.1.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah at West Champaran in Bettiah Muffasil P.S.case No.12 of 2010, subject to 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. The bailor will undertake - 2 - to furnish information to the court about any change in the address of 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 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 initiate the proceeding for cancellation of bail on the ground of misuse and iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )