IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12936 of 2010 DILIP KUMAR (DRIVER) SON OF RAMBALI GOPE Versus THE STATE OF BIHAR ----------- 3. 7.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 379, 420, 467, 468 and 414/34 of the Indian Penal Code. The prosecution case is that when the petitioner was driving a Sumo vehicle, he was intercepted on suspicion and his papers were suspected to be forged. When an enquiry was made, it was in fact found that the vehicle was stolen one and the papers forged and the petitioner disclosed that in fact a racket is being run by co-accused Ashwini Kumar, Rupesh Kumar and Sonu Kumar. A criminal antecedent of the petitioner was called for to verify as to whether the petitioner also belongs to the gang of the vehicle lifters, but it appears that there is no mention of any other criminal case pending against the petitioner. The submission is that the petitioner was merely a driver of the vehicle and admittedly not the owner. In view of such, let the petitioner above named, who is in custody since 14.2.2010, 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 Chief Judicial Magistrate, Nalanda at Bihar Sharif in Bihar P.S.case No.23 of 2010, subject to the conditions (i) That one of the bailors shall be the father/mother - 2 - of the petitioner and the other bailor 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 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, (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 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. Narendra/ ( Anjana Prakash, J. )