IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9954 of 2010 1. GAUHAR ALI @ DABLU KHAN, S/o Gani Mian. 2. Bhuwar Tiwary, S/o Rajendra Tiwary. Versus THE STATE OF BIHAR ----------- 02. 31.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 461 and 379 of the Indian Penal Code. Taking into consideration the fact that the entire case is based merely on suspicion of the petitioners having committed offence but there is no cogent material to support the same, let the petitioners above named who are in custody since 04.01.2010 and have no criminal antecedents be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Chenari P.S. Case No. 71 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 - 2 - 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. Vikash/- (Anjana Prakash, J.)