IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41930 of 2011 1. Saheb Rai @ Ganesh Rai S/o Jaylal Rai 2. Dilip Kumar Rai @ Dilip Rai S/o Chandeshwar Rai Versus The State Of Bihar ---------------------------------- 2. 23.12.2011 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 401, 412, 414, 420, 467, 471, 468, 120B, 290, 272, 273/34 of the Indian Penal Code as well as 25(1-B)/26(2) of the Arms Act and 47(A) of the Excise Act. Considering that the recovery was made from the house of Saheb Rai son of Laxman Rai and nothing was recovered from the possession of the petitioners and there is no case of similar nature of offence pending against them, 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 or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Morhowrah P.S. Case No.135 of 2011, subject to the conditions (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the bailor shall - 2 - also state on affidavit that he will inform the court concerned if the petitioners is 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 ground of misuse, (iii) That the 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, (iv) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )