IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15640 of 2010 SATISH KUMAR, S/o Shri Tejnarayan Pandey @ Tejnarayan Yadav. Versus THE STATE OF BIHAR ----------- 03. 02.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 392, 412 and 414 of the Indian Penal Code. It has been submitted that previously the petitioner was implicated in Bhaptiahi P.S. Case No. 63 of 2008 dated 26.11.2008 but the petitioner’s father protested that he had been falsely implicated upon which an inquiry was done by higher police officials and the Investigating Officer was suspended. After the suspension was revoked the said Investigating Officer was posted at outpost of Gamharia P.S. and thereafter the present case was instituted against the petitioner to teach him a lesson. From the facts of the case it appears that the allegation against the petitioner is that he was arrested on suspicion by the general public when he was allegedly running away with his accomplices after having committed robbery of the informant’s motorcycle. Considering that there has been no recovery from his possession and the antecedent is well explained, let the petitioner, above named be released on bail on 2 furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Gamhariya P.S. Case No. 109 of 2009 (G.R. No. 1846 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 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.)