IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33961 of 2009 MOHAN SAH son of late Ramchandra Sah, resident of village- Banspur Pipra, Police Station- Sahodara, District- West Champaran Versus STATE OF BIHAR ----------- 2/ 12.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 394 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the FIR but subsequently, he was named in the confessional statement of co-accused Raj Kumar Sah as also the fact that the petitioner is in custody since 29.3.2001, let the petitioner 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 Shri Girish Mishra, Judicial Magistrate, Ist Class, Bettiah, West Champaran, in connection with trial No. 334 of 2009 arising out of Sahodara P.S. case no.05 of 2001, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii) that the petitioner 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 he fails 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. JA/- (Anjana Prakash, J.)