IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34158 of 2009 MANTOO SINGH S/O LATE UMA SINGH, RESIDENT OF VILLAGE NATHMALPUR, POLICE STATION BARAHARA, DISTRICT BHOJPUR …. PETITIONER Versus THE STATE OF BIHAR ----------- 2. 12.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 457 and 380 of the Indian Penal Code. Taking into consideration the fact that in the first information report itself it has been stated that the neighbour of the informant had stated about the complicity of the petitioner but did not make an attempt to institute an F.I.R., let the petitioner above named, who is in custody since 29.6.2009 and has no criminal antecedents nor any recovery has been made from his possession, 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 Chief Judicial Magistrate, Bhojpur, Ara in connection with Barahara P.S.case No.146 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 - 2 - be released on bail and (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. Narendra/ ( Anjana Prakash, J. )