IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36623 of 2009 SHYAM SETH SON OF HARI NARAYAN SETH, RESIDENT OF MOHALLA DHANTOLIA, P.S. DEHRI (T), DISTRICT ROHTAS (BIHAR) …. PETITIONER Versus STATE OF BIHAR ----------- 2. 29.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 392 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report nor has the looted articles been recovered from the possession of the petitioner and the seizure of the Mobile does not tally with the alleged looted Mobile and the only material that has transpired later on that some phone calls had been made from his Mobile and, therefore, there was a link of the present petitioner in the occurrence, let the petitioner above named, who is in custody since 17.7.2009, 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, Rohtas at Sasaram in connection with Dehri P.S.case No.198 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 and (ii) it has been submitted that the petitioner - 2 - has no criminal antecedent and so the affidavit shall clearly state about the antecedent of the petitioner and it will be open to the court concerned to call for a report about the antecedent of the petitioner from the Superintendent of Police and in case it is found to be contrary the court below shall initiate a proceeding against the person who has sworn affidavit in the present bail application. Narendra/ ( Anjana Prakash, J. )