IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11852 of 2010 DHARMENDRA KUMAR @ DHAMENDRA KUMAR, S/o Shri Sushil Kumar Rai. Versus THE STATE OF BIHAR ----------- For the petitioner : Smt. Soni Srivastava, Adv. For the State : Mr. Umesh Lal Verma, A.P.P. ------------- 02. 19.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 394 of the Indian Penal Code. The petitioner is not named in the First Information Report. However, about one and half months later the petitioner was arrested when he was attempting to sell the alleged stolen mobile. However, he was not put on Test Identification Parade nor is there any material to show that in fact the petitioner was involved in the case of robbery and at best it could be a case under Section 411 of the Indian Penal Code made out against him and undertakes not to indulge any such occurrence again. The submission is that the petitioner is in custody since 15.12.2009 and has no criminal antecedent. - 2 - In view of such, let the petitioner above named 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 Additional Chief Judicial Magistrate, Danapur, Patna in connection with Bihta P.S. Case No. 281 of 2009 subject to the following 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 related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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. (iv) 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 - 3 - 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. (v) 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. Vikash/- (Anjana Prakash, J.)