IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8427 of 2010 1. AKBAR @ MD.AKBAR SON OF ABDUL RAHMAN @ ABDUL RAHEEM 2. MD. JUBAID ALAM @ LAL BABU @ ZUBAID ALAM SON OF MD. NIZAM Versus THE STATE OF BIHAR ----------- 2. 22.3.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 413 and 414 of the Indian Penal Code. After the petitioners were apprehended on chase from the house of one Vikram Choudhary, from where large number of alleged stolen articles was recovered, the petitioners were remanded in the present case on suspicion of having committed theft of those articles recovered. A separate case has been instituted u/ss. 379 and 411 I.P.C, in which the petitioners have been released on bail on an undertaking that they will not indulge in similar occurrence again. In view of such, let the petitioner above named, who are in custody since 12.11.2009, 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, Darbhanga in L.N.M.U. P.S.case No.136 of 2009, subject to the conditions (i) That one of the bailors will be local since the petitioners belong to Muzaffarpur and a close relative of the petitioners who will give an affidavit giving genealogy as to how he - 2 - 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 and (iii) that the petitioners will give an undertaking that he 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. The petitioners will strictly comply with the direction given in Cr. Misc. No. 8786 of 2010. Narendra/ ( Anjana Prakash, J. )