IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23424 of 2009 PRAMOD SAH @ SARAL SAH, son of Madhav Sah, resident of village Gyaspur, P.S. Siswan, district Siwan at present resident of village Baruwa, P.S. Raghunathpur, district Siwan .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /4/ 04.11.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 395 of the Indian Penal Code. 3. Taking into consideration the fact that the petitioner resides in the same village as that of the informant and he was a distant relative of his maternal grandfather in whose house the petitioner was residing, but, there is no recovery from his house nor does he have any criminal antecedent, let the petitioner, above named, who is in custody since 24.12.2008, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Raghunathpur P.S. Case No. 76 of 2008 to the satisfaction of the Chief Judicial Magistrate, Siwan, on 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 2 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)