IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43103 of 2009 1.GUDDU @ TEJ PRATAP SONI son of Deena Nath Prasad 2.Chandan Mahto son of late Narayan Mahto Versus STATE OF BIHAR ----------- 2. 15.12.2009. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 379 of the Indian Penal Code. Taking into consideration the fact that the petitioners are not named in the first information report and subsequently a vehicle was recovered from the possession of co-accused Rajnish Kumar Paswan and Munna Mian, who disclosed the name of the petitioners as also being involved, but they have no criminal antecedent , let the petitioners above named who are in custody since 26.10.2009 be released on bail on furnishing bail bond of Rs. 5,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No.243 of 2009 subject to the following conditions: (a) 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, (b) 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. (c) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other - 2 - case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate a proceeding for cancellation of bail on the ground of misuse. (d) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the 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. Md.S. (Anjana Prakash,J.)