IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18547 of 2009 MAHENDRA MANJHI, son of Sri Bhuttai Manjhi, resident of village- Rouna, Tola- Sarpur, P.S. Belaganj, district- Gaya. …Petitioner. Versus STATE OF BIHAR … O. P ----------- 3/ 17.08.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 394 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report nor has anything been recovered from him, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection Belaganj P.S. case no.174 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 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 proceding for cancellation of bail on the ground of misuse. It has been reported that the petitioner is accused only in one other case i.e. Belaganj P.S. case no.55 of 2005 for the offence under section 457 and 380 of the Indian Penal Code. It will be open to the lower court to call for a report from the Superintendent of Police for reconfirmation about the same and in case it is found to the contrary, he will not be released on bail. JA/- (Anjana Prakash, J.)