IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.29227 of 2009 IRSAD ALAM, son of Late Kamruddin, resident of village- Jharwa, P.S. Harsidhi, Dist- East Champaran … Petitioner Versus STATE OF BIHAR … OP With Cr. Misc. No.34256 of 2009 NASIR EKBAL, son of Ajhar Hussain, Resident of village- Jharwa, P.S. Harsidhi, District- East Champaran … Petitioner Versus THE STATE OF BIHAR … OP ----------- 3/ 07.10.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 395 and 412 of the Indian Penal Code. Taking into consideration the fact that the petitioners are not named in the first information report and subsequently they were named by the co-accused in the confessional statement but no recovery has been effected from their possession as also the fact that the petitioners have no criminal antecedent and are in custody since 27.1.2009/29.1.2009 respectively, let the petitioners 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 Sri S. C. Dwivedi, Judicial Magistrate, 1st Class, Motihari, East Champaran, in connection with Sangrampur P.S. case no. 7 of 2009 (Trial No.3093 of 2009), subject to the 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 affidavit shall clearly state that the petitioners are not an accused in - 2 - any other case and, if they are, they shall not be released on bail, and (iii) that the petitioners will give an undertaking that they will receive the police papers on the given date and will not delay the trial and if they fail to do so on two given dates and delay the trial in any manner then their bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)