IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.515 of 2010 UDAY KANT THAKUR, S/o Banarshi Thakur. Versus THE STATE OF BIHAR . with Cr.Misc. No.2360 of 2010 SANTOSH CHOUDHARY, S/o Late Rameshwar Choudhary. Versus THE STATE OF BIHAR ----------- 05. 17.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 412 and 120B of the Indian Penal Code. The petitioners are not named in the First Information Report and subsequently one Savan Chaurasia disclosed the name of the petitioners that they were also one of their accomplices. However, the petitioners have not been put on Test Identification Parade nor has there been any recovery from their possession. Under the aforesaid circumstances and also for the reason that the petitioners have no criminal antecedents, let the petitioners above named who are in custody since 09.10.2009 and 09.09.2009 respectively be released on bail on furnishing bail - 2 - bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Mansahi P.S. Case No. 58 of 2009 subject to the following 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 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 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. (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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each date and if they fail to do so on - 3 - two consecutive dates, their bail will be liable to be cancelled. The Magistrate before releasing the petitioners on bail will verify the fact that the petitioners have no criminal antecedents. Vikash/- (Anjana Prakash, J.)