IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19355 of 2010 JITENDRA KUMAR S/O RAM KARAN THAKUR Versus STATE OF BIHAR ----------- 4. 12.08.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 394/411 of the Indian Penal Code. The prosecution case is that the petitioner was arrested while he was allegedly driving the vehicle after drugging the driver. However, during investigation the driver disclosed that he had been given wine to drink and had become intoxicated, the petitioner and then started driving vehicle and on hulla people gathered and arrested them. It is submitted that the petitioner has no criminal antecedents, which fact will be verified by the Magistrate before releasing the petitioner on bail by calling for a report about his antecedent from S.P. Begusarai, since the petitioner belongs to Begusarai. In view of such, let the petitioner above named, 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 learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No. 104 of 2010, subject to the conditions, (i) That one of the bailors will be local in nature since petitioner belongs to Begusari and the other bailor shall be the father/brother of the pettioner. The bailor will undertake to furnish information to the court about any change in the address of the - 2 - 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, (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. Fahad. ( Anjana Prakash, J. )