IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39168 of 2009 1. SHIV SHANKAR PASWAN son of Bisundeo Paswan, & 2. Upendra Kumar Yadav @ Upendra Kumar son of Asharfi Yadav Versus STATE OF BIHAR ----------- 2/ 11.11.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 272, 273 of the Indian Penal Code and section 47-A of the Excise Act. Taking into consideration the fact that the petitioners are the first offenders, 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 the Sub- Divisional Judicial Magistrate, West, Muzaffarpur, in connection with Saraiya P.S. case no.216 of 2009, 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 case and, if he is, he shall not be released on bail, (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. JA/- (Anjana Prakash, J.)