IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7618 of 2011 Md. Babloo @ Aftab Son of Md. Barkat, resident of Mohalla- Dushad Toli, Belbarganj, P.S. Alamganj, Distt. Patna. Versus The State Of Bihar ----------- 4. 22.07.2011 The present petition has been filed by the petitioner seeking bail in connection with Kankarbagh P.S. Case No. 394 of 2009 under Section 395 of the Indian Penal Code. Initially the case was lodged against unknown persons and the petitioner’s name came pursuant to the confessional statement of one person namely, Md. Anwar Kuresi. The allegation is that a truck carrying some bathroom fittings were falsely taken away along with one Nokia Phone by 10 to 12 unknown persons. On the basis of such confessional statement the petitioner also came to be made accused in the case. Earlier by order dated 23.6.2011this Court had called for the case diary. The same has since been received. From the records it transpires that the same co-accused namely, Md. Anwar Kuresi has already been granted bail by this Court by order dated 17.3.2010 in Cr. Misc. No. 9304 of 2010. Learned counsel for the State has assisted this Court with regard to the merits of this case. Considering the facts and circumstances of the case, let the petitioner namely, Md. Babloo @ Aftab be 2 released on bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Kankarbagh P.S. Case No. 394 of 2009, subject to the following 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. (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trail in any manner, his bail will be liable to be cancelled for reasons of misuse. 3 The Magistrate concerned before releasing the petitioner on bail will verify the fact that the petitioner has no criminal antecedents. Anand Kr. (Ahsanuddin Amanullah, J.)