IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27319 of 2009 1. MD.YARUDDIN son of Abdul Shakoor, & 2. Md. Alam son of Abdul Haque. Both resident of village- Kothighat, Rampur, P.S. Kasba, District- Purnea ….Petitioners Versus STATE OF BIHAR …. OP ----------- 5/ 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, 397 and 412 of the Indian Penal Code. Taking into consideration the fact that that the petitioners have not been named in the first informant and they were named during investigation on suspicion for which they have remained in custody since 18.3.2009, 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 Chief Judicial Magistrate, Purnea, in connection with Kasba P.S. case no.22/2009, 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 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, (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 - 2 - and delay the trial in any manner then their bail will be liable to be cancelled, and (iv) that the petitioners by filing supplementary affidavit has brought on record the fact that they are accused only in one more case besides the present one i.e. K. Nagar P.S. case no.56 of 2009 for the offence under sections 399 and 402 of the Indian Penal Code, section 25(1-B)A/26(II), 35 of the Arms Act and section 4/5 of the Explosives Substance Act, which fact will be verified by the court below before releasing the petitioners on bail. JA/- (Anjana Prakash, J.)