IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38415 of 2009 1. SANJAY SAH 2. SHANKAR SAH, BOTH SONS OF SHIV JEE SONAR Versus STATE OF BIHAR ----------- 3. 1.2.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 414 of the Indian Penal Code and 4/5 of the Telegraph Wire Act. Taking into consideration the fact that the petitioners are in custody since 21.7.2009 and petitioners’ name was disclosed on the confession of the co-accused, who were caught at the spot, let the petitioners above named, who have no criminal antecedents, 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 C.J.M., Vaishali at Hajipur in connection with Mahua P.S.case No.74 of 2002, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an 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 - 2 - be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )