IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29646 of 2009 DHARMENDRA YADAV SON OF RAMDEO YADAV, RESIDENT OF VILLAGE CHABURANARAINPUR, POLICE STATION ANTI, DISTRICT GAYA …. PETITIONER Versus STATE OF BIHAR ----------- 4. 26.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 392 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report and the Mobile which was recovered from his possession was not allegedly part of the looted articles as also the report of the Investigating Officer that the petitioner was not put on test identification parade because there was no cogent material against him, let the petitioner above named, who has no criminal antecedents and is in custody since 13.4.2009, 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 Judicial Railway Magistrate, Gaya in connection with Sone Nagar Rail P.S.case No.17 of 2008, 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 2 case and if he is, he shall not be released on bail and (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. Narendra/ ( Anjana Prakash, J. )