IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5000 of 2010 SANJAY MUKHIYA, son of Bachcha Mukhiya Versus STATE OF BIHAR ----------- 2/ 22.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 457 and 380 of the Indian Penal Code. Taking into consideration the fact that it is only an attempt to commit theft, let the petitioner, above named, who is in custody since 23.8.2009, 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 Sri T. Nath, Judicial Magistrate, Birpur (Supaul) in connection with Karjain P.S. case no. 35 of 2009, 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 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. JA/- (Anjana Prakash, J.)