IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13261 of 2010 MD.NADEEM ASHRAF Versus STATE OF BIHAR ----------- For the petitioner: Mr. Nadimul Hassan, Advocate For the State : Mr. M. Dayal, A.P.P. ---------- 2 18.5.2010 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record. Heard the parties. With respect to snatching of a motorcycle belonging to informant present case under section 392 of the Indian Penal Code was instituted in which admittedly petitioner is not named as an accused. Subsequently after recovery of the aforesaid motorcycle from the house of the petitioner a separate case vide Araria P.S. Case No. 364 of 2007 under sections 413 and 414/34 of the Indian penal Code was registered against the petitioner and some other accused persons. In that case petitioner was granted bail by learned Additional Sessions Judge, Araria by an order dated 4.3.2007. It is submitted by learned counsel for the petitioner that petitioner is a teacher at Primary School, Tikulia Navtoli at Jogbani in the district of Araria and he claims to have purchased the aforesaid motorcycle without any knowledge and information - 2 - that the same was stolen one. It is also submitted that in substance both the criminal cases referred to above have been instituted with respect to one and single crime and, therefore, in view of Mandate of Article 20 ( 2 ) of Constitution of India , the petitioner cannot be prosecuted and punished for the same offence more than once. It has been categorically stated in the supplementary affidavit that petiotner is not an accused in any other criminal case except the aforesaid two criminal cases referred to above, which have been instituted for one and single crime. In the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri M.K. Ray, J.M. Ist class, Purnea in connection with Kasba (Jalalgarh) P.S.Case No. 67 of 2007, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further conditions : (a) That one of the bailors must be Govt. servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner - 3 - (b) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner However, it is made clear that the learned court below will be at liberty to verify the statement made by the petitioner that he is not an accused in any other criminal case except the aforesaid two criminal cases referred to above. If on verification, it transpires that petitioner is accused in some other criminal cases ,then the court below shall be at liberty to cancel his bail bond on that ground also. ( Birendra Prasad Verma, J. ) M.Rahman