IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5479 of 2010 MD. JANU S/O MUNNA MIYAN MISTRI Versus STATE OF BIHAR ----------- 2. 24.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 379 of the Indian Penal Code. It has been submitted that when the petitioner was arrested in Khajekalan P.S.case No.167 of 2009 for having been in possession of stolen motorcycle, he was remanded in the present case, which is the parent case for the theft of the said motorcycle. Besides the present two cases the petitioner is an accused in only one other case of a similar nature. It has also been submitted that the petitioner wishes to reform himself and volunteers to do social service. Under the circumstances, let the petitioner above named, who is in custody since 16.11.2009, 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 Sri Rajiv Kumar, Judicial Magistrate Ist class, Patna in Gandhi Maidan P.S.case No.287 of 2009, subject to 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioner - 2 - 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 of bail and (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. The petitioner in view of his submission is directed to appear before the Head Maulvi of the Majar adjacent to the High Court within fifteen days of his release from jail custody provisionally for a period of six months and file a certificate in this regard in the court. In case, the petitioner fails to do so a notice immediately will be sent to him for cancellation of bail. During six months the Head Maulvi of the Majar is requested to keep the petitioner in his company so that he can be used for fruitful activities and renounce the World of crime and at the end of six months he will file a certificate of his conduct in the court below issued by the Head Maulvi. If the certificate granted to the petitioner is found satisfactory, the court below will confirm the provisional bail granted to the petitioner and in case it is not, the petitioner will be taken into custody. The Magistrate concerned is directed to - 3 - amalgamate Khajekalan P.S.case No.167 of 2009 with the present case since both the cases arise out of the same transaction. Narendra/ ( Anjana Prakash, J. )