IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4272 of 2010 1. JITENDRA CHOUDHARY, son of Lakhan Choudhary & 2. Dharmendra Paswan, son of Lakhan Paswan Versus THE STATE OF BIHAR ----------- 3/ 10.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 461, 379 and 411 of the Indian Penal Code. Petitioner no.1 was an employee of the Company where the theft took place and employed as Night guard but off-loaded his work to the petitioner no.2 and on the fateful night both of them in connivance with each other committed theft of the equipments of the company. However, the same was recovered from the house of one Baleshwar Choudhary. Under the circumstances, let the petitioners, above named, who are in custody since 8.12.2009 and 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 the Chief Judicial Magistrate, Nawada, in connection with Roh P.S. case no. 86 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 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 - 2 - 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 petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)