IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6029 of 2010 OM PRAKASH MAHTO @ RAM BABU son of late Balchand Singh Versus STATE OF BIHAR With Cr. Misc. No. 8079 of 2010 CHAMARI SAH, son of Ram Pravesh Sah Versus THE STATE OF BIHAR ----------- 3/ 07.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 395 and 397 of the Indian Penal Code. The petitioners, who are the Khalasi and driver of the truck wherefrom the BEER was looted, have been suspected to be in league with the co-accused persons since even though they were warned not to ply the vehicle in night, they had done so and also that they had not untied themselves till the next morning. Apart from this vague suspicion, there is no cogent material against the petitioners. In view of such and also that the petitioners have no criminal antecedent, let the petitioners, above named, who are in custody since 27.9.2009, 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 the Additional Chief Judicial Magistrate, Barh, Patna, in connection with Mokama P.S. case no.173 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 to how he is related with the petitioners, (ii) that the affidavit shall clearly state that - 2 - 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, and (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. JA/- (Anjana Prakash, J.)