IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42933 of 2009 RABINDRA PASWAN SON OF LATE NANDEY PASWAN Versus STATE OF BIHAR with Cr.Misc. No.19841 of 2009 SANJAY PASWAN SON OF DEVAN PASWAN Versus STATE OF BIHAR ----------- 3. 06/01/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 394 of the Indian Penal Code. Taking into consideration the fact that in the First Information Report the informant has stated that all the miscreants had covered their faces but later on identified the present petitioner in the Test Identification Parade held after about 60 days which is improbable in the facts of the case, let the petitioners above named, who are in custody since 3.2.2009, 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 Chief Judicial Magistrate, Nalanda, in connection with Asthawan P.S. Case No. 10 of 2009 subject to the following 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 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 2 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. (iii)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 delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. S.Ali (Anjana Prakash, J.)