IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44443 of 2009 MANISH KUMAR, son of Raghupati Prasad @ Arabpati Prasad Versus STATE OF BIHAR ----------- 4/ 08.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 414/34 of the Indian Penal Code. In the First Information Report, it has been stated that six persons were caught in a hotel and when they were questioned, they disclosed that Mithlesh Singh and Saurav Kumar were involved in stealing of motorcycles and also that five motorcycles could be recovered from the garage of the present petitioner, who is a motor mechanic. Pursuant to the said disclosure statement, five motor cycles were recovered from the garage of the petitioner, but it has been stated that the motorcycles were kept by the present petitioner under the bonafide belief that they were being kept by the real owners for repair and from the disclosure statement of Misthlesh Singh and Saurav Kumar, it appears that the petitioner is nowhere involved in the stealing of motorcycles. Under the circumstances, let the petitioner, above named, who is in custody since 6.9.2009, 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 Chief Judicial Magistrate, Patna, in connection with Gandhi Maidan P.S. case no.364 of 2009, 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 - 2 - related with the petitioner,(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, (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)