IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26660 of 2009 MUNNA SINGH SON OF LATE RAM KUMAR SINGH, RESIDENT OF VILLAGE BUDHI, POLICE STATION MUFASSIL, DISTRICT GAYA …… … PETITIONER Versus STATE OF BIHAR ----------- 3. 6.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 414/34 of the Indian Penal Code and 4/5 of the Explosive Substance Act. Taking into consideration the fact that the only allegation is that the petitioner belongs to a group which was in the habit of stealing diesel from the Railway engine but has no criminal antecedents, let the petitioner above named, who is in custody since 7.6.2009, 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 Chief Judicial Magistrate, Gaya in connection with Wazirganj (Gaya) P.S.case No.251 of 2008, 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 and (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the - 2 - 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. Narendra/ ( Anjana Prakash, J. )