IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13373 of 2010 SANDEEP RAI @ SANDIP KUMAR son of Shiv Muni Ray Versus STATE OF BIHAR ----------- 2/ 29.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 401 of the Indian Penal Code. The petitioner was arrested on suspicion of belonging to a gang of criminals, but it has been submitted that the petitioner was accused in only one other case previously in which he has been acquitted and, so, section 401 of the Indian Penal Code would not apply upon the petitioner. It has further been submitted that father of the petitioner undertakes responsibility of his son on his release from jail custody. In view of such, let the petitioner, above named, who is in custody since 17.2.2010, 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 Railway Judicial Magistrate, Patna, in connection with Patna Junction Rail P.S. case no.72 of 2010, subject to the conditions (i) That one of the bailors will be the father of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of 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 - 2 - 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.)