IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2982 of 2010 SANJAY BAHARDAR, SON OF MAHESHWARI BAHARDAR Versus THE STATE OF BIHAR with Cr.Misc. No.4340 of 2010 LAXMI YADAV, SON OF LATE YUKTI YADAV Versus STATE OF BIHAR ----------- 3. 15/03/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 395 of the Indian Penal Code. The petitioners are not named in the First Information Report and subsequently, their names were disclosed by the co- accused in the confessional statement before the police. Subsequent thereto some witnesses stated that the petitioners were seen in the vicinity of the place of occurrence. However, there was no recovery effected from their possession after the disclosure of their names nor have they been put on Test Identification Parade. The petitioners do not have any criminal antecedents. Under the circumstances, let the petitioners above named, who is in custody since 11.8.2009 and 23.9.2009 respectively, 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, Purnea, in connection with Sarsi P.S. Case No. 34 of 2009 subject to the - 2 - 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 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv)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. S.Ali (Anjana Prakash, J.)