IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37314 of 2009 1. MUNNA KUMAR @ AJAY KUMAR, Son of Sudama Chaudhary, Resident of Village-Chhotaki Pasnauli, P.S.-Mahrajganj, District-Siwan at present of Mohalla Dargah Roadh House at Jawahir Choubey, P.S.+ Distt. Gopalganj. 2. Md. Jabbar Son of Md. Mukim Resident of Village- Kureshwar, P.S.-Chadthawal, District-Muzaffar Nagar (UP). Versus THE STATE OF BIHAR ----------- 02. 04.11.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 394 of the Indian Penal Code. Taking into consideration the fact that the petitioner No. 1 is aged about 15 years and even though the stolen Nokia Mobile was recovered it did not tally with the alleged stolen mobile, let the petitioners above named who are in custody since 16.08.2009 and have no criminal antecedent 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, Gopalganj in connection with Gopalganj P.S. Case No. 95 of 2009 subject to the following - 2 - 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. (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.)