IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6292 of 2010 SUDAMA CHAUDHARY, son of Raj Kumar Chaudhary Versus STATE OF BIHAR With Cr. Misc. No.6731 of 2010 1. BHARAT CHOUDHARY, son of Raj Kumar Choudhary, & 2. Raj Kumar Choudhary, son of late Lal Bihari Choudhary Versus STATE OF BIHAR ----------- 2/ 03.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 395 of the Indian Penal Code. Taking into consideration the fact that that the petitioners are the co-villagers of the informant and have been named in the First Information Report on the basis of having been identified by voice but have no criminal antecedents and are in custody since 25.9.2009, 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 the Chief Judicial Magistrate, Bhojpur at Arrah, in connection with Barhara P.S. case no.242 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 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 - 2 - 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, 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)