IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8948 of 2010 SURAJ SAH @ SURAJ, Son of Late Chhote Lal Sah, Resident of village Sharda Nagar, P.S. Sahayak (K.Hat), District Purnea ….. Petitioner Versus STATE OF BIHAR …. Opposite Party ----------- For the Petitioner : Mr. Ramesh Kumar Singh, Advocate For the State : Mr. Manish Kumar - 2, A.P.P. 3 03.05.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered for offences punishable under Section 379 of the Indian Penal Code. It is submitted on behalf of the petitioner that he has been implicated in this case only on the basis of the fact that after three months of occurrence some of witnesses allegedly stated during the course of investigation that he has seen the petitioner boarding in stolen vehicle on the date of occurrence. Petitioner is stated to be in custody since 31.8.2009. Petitioner files supplementary affidavit stating therein that he has also involved in Khajanchi (K.Hat) P.S. Case No. 204 of 2009 under Sections 406/379 and 120B of the Indian Penal Code. However, it is submitted that petitioner - 2 - was made accused in the aforesaid case only on the basis of confession of co-accused. In the facts and the circumstances of the case, the petitioner, SURAJ SAH @ SURAJ, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with K.Hat (Sahayak) P.S. Case No. 197 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. If, after his release in this case, the petitioner is again found implicated in similar nature of cases, then the concerned court would be at liberty to take steps for cancellation of his bail bonds. Further, the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court - 3 - concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)