IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2145 of 2010 1. RAMESH NUT, son of Bachha Nut, & 2. Jitendra Nut son of Achhawa Nut @ Achhelal Nut Versus STATE OF BIHAR ----------- 2/ 02.02.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 395 of the Indian Penal Code. Taking into consideration the fact that the petitioners reside within the same area as the informant and later on the informant filed a petition absolving the present petitioners and after investigation the case was partly found false against some of the accused persons, let the petitioners, above named, who are in custody since 16.10.2009, 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 the Chief Judicial Magistrate, Chapra (Saran) in connection with Taraiya P.S. case no.61 of 2008, 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 any other case and, if they are, they shall not be released on bail, (iii) 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, (iv) that the - 2 - 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. The learned Magistrate will commit the case immediately for trial so that it can be heard along with Sessions Trial No.557 of 2009, pending before the Additional Sessions Judge, III, Chapra. JA/- (Anjana Prakash, J.)