IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39924 of 2009 MINTU KHAN @ MINTU MIAN @ KHURSHID ALAM @ KHURSHID MIAN Versus STATE OF BIHAR ----------- 2/ 24-11-2009 Heard both the parties. The petitioner seeks bail in a case institution under sections 392 and 411 of the Penal Code . Taking into consideration the fact that even though the petitioner is named in the first information report but the tractor was not recovered from his possession and subsequently the informant compromised the matter with other co-accused persons, let the above named petitioner who is in custody since 04.07.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- ( Five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Gopalganj in connection with Manjhagarh P.S.Case No. 31 of 2007 on 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 - 2 - present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iii) 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 trial in any manner, his bail will be liable to be cancelled for reasons of misuse. The Magistrate before releasing the petitioner on bail will verify the antecedent of the petitioner and if he is accused in any other case besides the present one and Barharia P.S. Case No. 30 of 2007, the petitioner will not be released on bail. ( Anjana Prakash, J ) BTiwary/