IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2869 of 2010 1. BACHIYA DEVI W/O RAM PRAWESH SAHANI 2. SUNAINA DEVI @ LALITA DEVI W/O SANTOSH SAHANI Versus THE STATE OF BIHAR ----------- 2. 4.2.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 25(1-B)a, 26 and 35 of the Indian Penal Code. Taking into consideration the fact that there was no recovery from the conscious possession of the petitioners, who are ladies and apart from being accused in two cases arising out of the present occurrence they have no criminal antecedents, let the petitioners above named, who are in custody since 17.5.2008, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Sri K.P. Singh, J.M. Ist class, Bettiah, West Champaran in Trial No.2456 of 2009 arising out of Majhaulia P.S.case No.98 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners - 2 - are 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 the ground of misuse of bail and (iv) 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )