IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9172 of 2010 VIKRAM KUMAR, SON OF SHRI DAYANAND YADAV Versus STATE OF BIHAR ----------- 3. 28/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 414 of the Indian Penal Code. The petitioner was arrested on suspicion of being in possession of stolen motorcycle which in fact, was found to be stolen and subject matter of Gardanibagh P.S. Case No. 144 of 2009. The petitioner immediately disclosed that in fact, he had made part payment for the same and was a bona fide purchaser. It is also submitted that the petitioner has no criminal antecedents apart from Gardanibagh P.S. Case No. 144 of 2009. In view of such, let the petitioner above named, who is in custody since 1.1.2010, 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 Additional Chief Judicial Magistrate, Patna City in Malsalami P.S. Case No. 1 of 2010 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 undertake to furnish information to the court about any change in address of the petitioner. (ii)That the petitioner will give an affidavit that he is an accused only in Gardanibagh P.S. Case No. 144 of 2009 which fact will be verified by the Magistrate - 2 - concerned before releasing the petitioner 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. (iv)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. The District Judge, Patna, is directed to consider amalgamation of the present case with Gardanibagh P.S. Case No. 144 of 2009 since both the cases arise out of the same transaction in view of Section 220 Cr. P.C. S.Ali (Anjana Prakash, J.)