IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8786 of 2010 1. AKBAR @ MD.AKBAR SON OF ABDUL RAHMAN 2. MD. JUBAID ALAM @ LAL BABU ZABAID ALAM SON OF MD. NIZAM Versus STATE OF BIHAR ----------- 2. 15.3.2010 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. The petitioners were apprehended after chase from the house of one Bikram Choudhary, where a large number of stolen goods were recovered right after the occurrence. Thereafter Bikram Choudhary and his wife were also arrested and they gave their confessional statement, upon which another case was instituted for the offence u/s.414 I.P.C. The petitioners have been made an accused in that case as well. Considering the fact that no recovery was made from the conscious possession of the petitioners and they are in custody since 12.11.2009 and undertake not to indulge in similar offences after release on bail, 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, Darbhanga in L.N.M.U. P.S.case No.135 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as - 2 - to how he is related with the petitioners, (ii) 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 and (iii) 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. The petitioners on their own volunteers are directed to appear before the Head of the Data Kambal Sah Majar, Muzaffarpur within fifteen days of their release from jail custody and file a certificate about the same in the Court. On filing of the certificate the petitioners will be granted provisional bail for a period of six months. In case, the petitioners do not file a certificate about their reporting to the Head of the Majar within two weeks of their release from jail custody they shall be noticed for cancellation of bail. During six months the petitioners are expected to engage themselves in fruitful activities under the guidance of the Head of the Majar and at the end of six months they will file a certificate of their conduct in the court below issued by the Head of the Majar. If the certificate granted to the petitioners is satisfactory, the court - 3 - below will confirm the provisional bail granted to the petitioners and in case it is not, the petitioners will be taken into custody. Narendra/ ( Anjana Prakash, J. )