IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29661 of 2009 KALLU YADAV Son of Late Ramkishun Yadav Resident of Mohalla- Nayatola Juravganj, P.S.- Kodha, District- Katihar ----------------Petitioner Versus THE STATE OF BIHAR --------------Opposite Party ----------- 2. 19.8.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 379 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Informant Report and it is only on suspicion that his name has transpired but nothing has been recovered from the possession for which he has remained in custody since 27.6.2008, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) with two sureties of the like amount each to the satisfaction of Sri Ram Surat, Judicial Magistrate, Ist Class, Muzaffarpur in connection with Mithanpura P.S. Case No. 116 of 2008 (Tr. No. 2276 of 2009) 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 and (ii) 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 It has been submitted in Paragraph 8 that the petitioner is an accused in one other case i.e., Motipur P.S. Case No. 118/08 for the offence under Section 379 of the Indian Penal Code. It will be open to the Magistrate to satisfy himself in this regard and if it is found that the petitioner is an accused in any other case besides the aforesaid case, he will not be released on bail. P. Kumar (Anjana Prakash, J.)