IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46678 of 2009 SIKANDER PASWAN, son of Chandra Paswan Versus STATE OF BIHAR ----------- 2/ 18.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 395 and 412 of the Indian Penal Code. The petitioner is not named in the First Information Report and thereafter when two persons, namely, Sanjeet and Santosh were arrested, they gave confessional statement but did not name the present petitioner. Thereafter, the petitioner was arrested on suspicion and a mobile was recovered from his possession which is the subject matter of the present case but the petitioner’s submission is that he had purchased the same without knowing that the same was stolen and at best it could be a case under section 412 of the Indian Penal Code Taking into consideration the aforementioned submission as also the fact that the petitioner has no criminal antecedent and is in custody since 3.6.2009, 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 the Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Hilsa P.S. case no.176 of 2009, 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 affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall - 2 - not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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 (iv) 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.)