IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16300 of 2010 VISHWANATH PANJIYAR @ BISHU KUMAR @ VISHWAJIT KUMAR, SON OF JAYNANDAN PANJIYAR Versus STATE OF BIHAR ----------- 2. 18.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 414 and 34 of the Indian Penal Code. The petitioner was arrested along with some others on 4.9.2009 when he was suspected of indulging in anti social activities. From his possession, some Arms were recovered for which a separate case was instituted. It is alleged that on his and other accused’s disclosure statement, four motorcycles were recovered from various locations. It has been submitted that even though, the petitioner was arrested on 4.9.2009 itself, he has been remanded in the present case on 13.10.2009 which shows the mala fide action of the police. Thereafter, the petitioner has been implicated in series of cases instituted against unknown persons. In view of such, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with three sureties of the like amount each to the satisfaction of Mr. Akshay Kumar, Judicial Magistrate, 1st Class, Patna, in Gandhi Maidan P.S. Case No. 364 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 undertake to furnish information to the Court about any change in 2 address of the petitioner and the other shall be the brother of the petitioner and 3rd bailor shall be the local since the petitioner belongs to Munger. (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. The Magistrate concerned is directed to amalgamate the present case with Gandhi Maidan P.S. Case No. 363 of 2009 since both the cases arise out of the same occurrence in view of Section 220 Cr. P.C. S.Ali ( Anjana Prakash, J.)