IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9038 of 2010 HEMANT SAH, son of Mohan Sah Versus THE STATE OF BIHAR With Cr. Misc. No.9479 of 2010 SADANAND SINGH, son of late Saryug Singh Versus THE STATE OF BIHAR ----------- 2/ 17.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 395 and 412 of the Indian Penal Code. Taking into consideration the fact that the petitioner are in custody since 16.10.2009 since allegedly stolen money to the tune of rupees ten thousand and eleven thousand respectively was recovered from their houses but have no criminal antecedents, let the petitioners, above named, 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 the Chief Judicial Magistrate, Munger in connection with Tarapur P.S. case no.78 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 thereafter the court below will be at liberty to initiate the proceeding for - 2 - cancellation of bail on the ground of misuse,(iv) 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)