IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9949 of 2010 1. MAHESH PRASAD, S/o Banaras Prasad. 2. Ram Sagar Das, S/o Late Saukhidar. Versus THE STATE OF BIHAR ----------- 04. 19.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 379/34 of the Indian Penal Code. The petitioners were arrested when they were sitting in a car where aluminium wire allegedly stolen was loaded. For the said occurrence a separate case was instituted and thereafter the petitioners were also remanded in the present case which happens to be the parent case of the subject-matter of recovery. In view of such, let the petitioners, above named against whom there is only one other case i.e. Udwant Nagar P.S. Case No. 199 of 2009 is pending against them and are in custody since 05.01.2010 and 22.12.2009 respectively be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Sri A.K. Singh, Judicial Magistrate, 1st Class, Ara (or his successor) in connection with Agiaon (Garhani) P.S. Case No. 48 of 2009 (G.R. No. 1822 of 2009) subject to the following conditions:- (i) That one of the bailors will be a close 2 relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. The Magistrate before releasing the petitioners on bail will verify the fact that the petitioners are accused only in one other case i.e. Udwant Nagar P.S. Case No. 199 of 2009 besides the present one. The Magistrate is also directed to consider the amalgamation of the present case with Udwant Nagar P.S. Case No. 199 of 2009 since the subject-matter of both the cases is the same in view of Section 220 Cr.P.C. Vikash/- (Anjana Prakash, J.)