IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10579 of 2010 MAZANUL HAQUE @ MAZMUL HAQUE MIYA, SON OF LATE JAINUL MIYA Versus STATE OF BIHAR with Cr.Misc. No.11135 of 2010 SALAUDIN ANSARI, SON OF LATE SAFIQUE MIYAN Versus STATE OF BIHAR ----------- 2. 12/04/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395 and 492 of the Indian Penal Code. The petitioners are not named in the First Information Report and subsequently when one Hafiz Mian was arrested after a year in connection with Adaput P.S. Case No. 39 of 2009, he gave a confessional statement before the Police implicating the present petitioners as well. However, there has been no recovery made from their possession nor do they have any criminal antecedents prior to institution of the present case which fact will be verified by the Magistrate before releasing the petitioners on bail. In view of such, let the petitioners above named, 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 Sub Divisional Judicial Magistrate, Sikarahana at Motihari in Ghorasahan (Jharokhar) P.S. Case No. 133 of 2008 - 2 - subject to the 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. The bailor will undertake to furnish information to the court about any change in address of the petitioners. (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. S.Ali (Anjana Prakash, J.)