IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15514 of 2010 1. MANOJ NUT, SON OF LATE BADRI NUT 2. DAHARU NUT, SON OF LATE SAJUWAN NUT Versus STATE OF BIHAR ----------- 3. 01.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395, 397 and 412 of the Indian Penal Code. It has been submitted that the petitioners are not named in the First Information Report and subsequently when they were put on Test Identification Parade, they were not identified by the witnesses or the Informant and the articles recovered from their possession were identified by some witnesses. It has further been submitted that the petitioners are in custody since 15.10.2009 and have no criminal antecedents. In view of such, 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 Dariyapur P.S. Case No. 124 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 and the other shall be the brother/wife of the petitioners. The bailor will undertake to 2 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 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. S.Ali ( Anjana Prakash, J.)