IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14819 of 2009 BINDESHWARI SHARMA @ GURUJEE Son of Late Deomuni Sharma, Resident of A.P.Colony, Barbigha, P.S.- Rampur, District- Gaya ----------------Petitioner Versus STATE OF BIHAR ---------------Opposite Party ----------- 5. 28.8.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 394 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Informant Report and the only material emerged during investigation is that there was a phone call which has been made between the co-accused person and the petitioner on his mobile. It has been submitted that the petitioner has taken the plea that his mobile has been lost, however, he had not reported the matter to the police and has no criminal antecedent, 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 the A.C.J.M., Danapur in connection with Danapur P.S. Case No. 374 of 2008, 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 (ii) that the petitioner will give an undertaking that he will receive the police paper on the - 2 - given date and will not delay the trial. However, the fact that the petitioner has no criminal antecedent would be verified by the Magistrate concerned before releasing the petitioner on bail. P. Kumar (Anjana Prakash, J.)