IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2311 of 2010 MD. JABIR @ MD. JABED SON OF MD. ILIYASH Versus STATE OF BIHAR With Cr.Misc. No.2841 of 2010 MD.OBESH S/O MD. BASI Versus STATE OF BIHAR ----------- 3. 19.3.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 392 of the Indian Penal Code. The petitioners are not named in the first information report but twelve days later the Auto rickshaw was recovered from them. It has been submitted that the petitioners have no criminal antecedents and are in custody since 24.8.2009. Under the circumstances, 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, Saharsa in Bihra P.S.case No.117 of 2009, subject to the conditions (i) That one of the bailors should be local since the petitioners are resident of Begusarai and other 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 - 2 - 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (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. The fact that the petitioners have no criminal antecedents will be verified by the Magistrate concerned before releasing the petitioners on bail by calling for a report from the Superintendents of Police, Saharsa and Begusarai where the petitioners permanently reside. Narendra/ ( Anjana Prakash, J. )