IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21486 of 2010 1. SANJAY NUT @ SANJAY NATT @ SANJAY RATHOUR SON OF BALESHWAR NUT 2. KAMLESH NUT @ KAMLESH NATT SON OF GUHARI NUT 3. MITHILESH PANDEY @ BABA SON OF YAMUNA PANDEY Versus STATE OF BIHAR ----------- 2. 30.6.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395 and 397 of the Indian Penal Code. It has been submitted that the petitioners are not named in the first information report and subsequently when they were arrested in Patna under suspicious circumstances and booked in Rajiv Nagar P.S.case No.10 of 2010, they were remanded in the present case on the basis of their own confessional statement. It has further been submitted that there has been no recovery from their possession and apart from Rajiv Nagar P.S.case No.10 of 2010 they have no criminal antecedents. In view of such, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in Mohammadpur P.S.case No.112 of 2009, subject to the conditions (i) That one of the bailors shall be the father/wife of the petitioners and the other bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with - 2 - the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) 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 liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iii) 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )