IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11850 of 2010 MINTU KHAN @ MINKU, S/o Late Mustafa Khan. Versus THE STATE OF BIHAR ----------- 05. 15.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 414/34 of the Indian Penal Code. The prosecution case is that some persons were apprehended on suspicion in a hotel including the present petitioner. The further narrative of the First Information Report is that co-accused Mithilesh Singh and Saurav Kumar disclosed that they were involved in stealing of vehicles and on the pointing out of the accused persons four motor-cycles were recovered from other locations. Considering that in the present case there is no recovery from the conscious possession of the petitioner and he is in custody since 04.09.2009 and the petitioner’s mother undertakes responsibility for the petitioner’s conduct after his release from jail custody, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five 2 Thousand) with three sureties of the like amount each to the satisfaction of concerned Judicial Magistrate, 1st Class, Patna in connection with 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 other bailor shall be the mother of the petitioner and the third bailor shall be local in nature since the petitioner belongs to Vaishali. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (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 3 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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Supdt. of Police, Patna within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the S.P. concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Vikash/- (Anjana Prakash, J.)