IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13707 of 2010 SANJAY YADAV SON OF INDRAJEET YADAV Versus STATE OF BIHAR ----------- 2. 4.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 406/34 of the Indian Penal Code. The prosecution case is that the truck of the informant was missing, for which he suspected his driver and khalasi to be responsible for the same in connivance with the petitioner, who had recently been released from jail custody. However, there is no cogent material apart from this vague suspicion. In view of such, let the petitioner above named, who is in custody since 6.11.2009, 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 Sri Akshay Kumar Singh, Judicial Magistrate 1st class, Patna in Gardanibagh P.S.case No.199 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 related with 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 - 2 - ground of misuse and (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. It has been submitted that the petitioner is an accused in only one other case i.e. Patrakar Nagar P.S.case No.112 of 2007, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )