IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7398 of 2010 SANJIV KUMAR @ SANJEEV KUMAR SINGH, S/o Sri Shankar Singh. Versus THE STATE OF BIHAR ----------- 03. 21.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 406, 407, 420 and 120B/34 of the Indian Penal Code. The petitioner is not named in the First Information Report but subsequently when one Ajit Kumar was arrested in Mahua P.S. Case No. 305 of 2009 he confessed his guilt and also disclosed the complicity of the present petitioner as being one of the persons who was involved in the selling of the defalcated goods. However, there has been no recovery from his possession and it has been submitted that the petitioner is accused only in the present case and Mahua P.S. Case No. 305 of 2009 which fact will be verified by the Magistrate before releasing the petitioner on bail and undertakes to be more cautious in future for which the petitioner’s father is ready to stand surety, 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 Chief Judicial Magistrate, Motihari in 2 connection with Pipra P.S. Case No. 120 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 and the other bailor shall be father of 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 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. (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. (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. Vikash/- (Anjana Prakash, J.)