IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1811 of 2010 MD.SHAMIM @ SHAMIM ARFI, LATE RAFIQUE ALAM Versus STATE OF BIHAR **** /4/ 09.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 414 and 120B of the Indian Penal Code. 3. The prosecution case is that when the police on suspicion intercepted two vehicles bearing registration number BR-24P-1444 and BR-3P-1019 and arrested four persons who confessed that the vehicles were stolen and there were two more stolen vehicles which were parked at Adalatganj at that point of time. On this disclosure, the police reached Adalatganj and intercepted two vehicles bearing registration numbers UP- 53AA-5775 and JH-09E-2274 and have arrested five persons sitting in those vehicles. The petitioner was arrested while sitting on admittedly stolen vehicle bearing registration no. BR- 24P-1444 and on his pointing out two other vehicles were recovered from Adalatganj. It has been submitted that the petitioner has no criminal antecedents and, in fact does not belong to any gang of vehicle lifters. There is a mention in the case diary about the antecedents of the petitioner that it is clean 2 on a report from Latehar Police Station. However, there is no report from Police Station Banke Bazar, Gaya, from where the petitioner hails nor is there any report from local Police Station situated within Patna. 4. In view of such, let the petitioner, above named, who submits that he is a school teacher in Latehar and is in custody since 24.10.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Kotwali P.S. Case No. 402 of 2009 (G.R. No. 5700 of 2009) to the satisfaction of the Chief Judicial Magistrate, Patna, on 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, (ii) that the affidavit shall clearly state that the petitioner is not an 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 and (iv) that the petitioner will give an 3 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 then his bail will be liable to be cancelled for reasons of misuse and (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. 5. The Magistrate before releasing the petitioner on bail will call for a report from the Banke Bazar Police Station, Gaya, and Kotwali, Police Station, Patna, and only finding that the petitioner has no criminal antecedents will he release him on bail. S.A. (Anjana Prakash, J.)