IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34424 of 2009 BAIJU SHARMA SON OF DEEPAN SINGH, RESIDENT OF VILALGE KALYANPUR, P.S. PALIGUNJ, DISTRICT PATNA … PETITIONER Versus STATE OF BIHAR ----------- 2. 14.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. It has been submitted by the Counsel for the petitioner that in the present case petitioner is not named in the first information report. Subsequently the petitioner was arrested in Kinjar P.S.case No.9 of 2009 but nothing was recovered from his possession. So the petitioner was granted bail by this Court by an order dated 7.10.2009 passed in Cr.Misc.No.34081 of 2009. In the present case there is no recovery of any idol which fact is stated in paragraph 9 of the petition and his name was disclosed on the confessional statement of the co-accused. The further submission is that the petitioner is in custody since 2.3.2009. The counsel for the petitioner further submits that petitioner is being repeatedly roped in cases on account of hostile attitude of the police and has not in actual fact stolen the idols and he has already been ordered by this court to serve the Hanuman temple in Cr.Misc.No.34081 of 2009 which he will begin to do after 2 release in the present case. Under the circumstances, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in Shakurabad P.S.case No.79 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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. Narendra/ ( Anjana Prakash, J. )