IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42126 of 2009 1. VIJAY SINGH @ VIJAY YADAV son of Sri Kailash Singh, & 2. Raj Kumar Pandey @ Pali Pandey, son of Sri Nand Kishore Pandey Versus STATE OF BIHAR ----------- 6/ 05.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 395 of the Indian Penal Code. The petitioners are not named in the First Information Report, but subsequently their names transpired on suspicion and thereafter they gave confessional statement admitting their guilt. A sum of Rs.1500/- was recovered from the possession of the petitioner no.1, which is alleged to the looted money. However, the petitioners state that they do not have any criminal antecedents. In view of such, let the petitioners, above named, who are in custody since 14/6/2009, 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 the Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas, in connection with Suryapura P.S. case no.35 of 2009, subject to the 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,(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 - 2 - liberty to initiate the proceeding for cancellation of bail on the ground of misuse,(iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. The fact that the petitioners have no criminal antecedents will be verified by the Magistrate before releasing the petitioners on bail. JA/- (Anjana Prakash, J.)