IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9711 of 2010 1. KALESHWAR MUKHIYA, S/o Kushun Lal Mukhiya. 2. Md. Jubair, S/o Md. Saleman @ Thithar. Versus THE STATE OF BIHAR ----------- 04. 30.06.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 395 and 397 of the Indian Penal Code. It has been submitted that that the petitioners are not named in the First Information Report which has been instituted against unknown miscreants of having committed house dacoity in the house of the informant. The further submission is that neither has he been put on Test Identification Parade nor has there been any recovery from his possession in pursuant to the confessional statement of the co-accused. It has specifically been asserted that the petitioner No. 1 is an accused in one case whereas the petitioner No. 2 is an accused in two cases which fact will be verified by the Magistrate before releasing the petitioner on bail. In view of such, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial 2 Magistrate, Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No. 118 of 2009 subject to the following 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 and the other bailor shall be the brother of the petitioners. The bailor will also undertake to inform the Court if there is 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. (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. Vikash/- (Anjana Prakash, J.)