IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16316 of 2010 1. RAM BIHARI RAI 2. SHYAM BIHARI @ SHYAM BIHARI RAI BOTH SONS OF LATE HORIL RAI 3. RAM BHAJAN RAI, SON OF LATE RAM SWARUP RAI 4. TAIYAB HUSSAIN, SON OF LATE IMAMUDDIN Versus THE STATE OF BIHAR ----------- 2. 18.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 379 and 411 of the Indian Penal Code. Considering that the petitioners are in custody since 6.2.2010 for recovery of Electric wire but have no criminal antecedents , let the petitioners above named, 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 Chief Judicial Magistrate, Saran, Chapra, in Garkha P.S. Case No. 25 of 2010 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. The bailor will undertake to furnish information to the court about any change in address of 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 2 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 delay 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 two consecutive dates, their bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)