IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2395 of 2010 1. JITENDRA TIWARY, son of late Ram Chandra Tiwary, resident of village- Barki Nainizore, Police Station- Brahampur in the district of Buxar. & 2. Dipak Kumar Rai, son of Sri Deoraj Rai, resident of village- Rahun Tiwary, Police Station- Basdih Road, District- Balia (UP) ...Petitioners Versus STATE OF BIHAR ...OP ----------- 3/ 18.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 379 of the Indian Penal Code. One Bijendra Kumar Dubey instituted a case for the theft of his Hero Honda Splendor Plus motorcycle bearing registration no.BR-44 6316, Engine No.05D15E22279 Chasis No.05D16E22618, Model 2005. During investigation, said motor cycle was recovered from the house of one Munna Tiwary, where, the petitioners were also found to be sitting. Submission is that petitioner no.1 lives opposite to the house of Munna Tiwary and, therefore, it was not unusual for him to be present there and the petitioner no.2 happens to be the relative of petitioner no.1. In view of the aforesaid and the fact that recovery was not made from the possession of the petitioners, let the petitioners, 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 the Chief Judicial Magistrate, Buxar, in connection with Buxar Town P.S. case no.96 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner, who will give an - 2 - affidavit giving genealogy as to how he is related with the petitioners and second bailor of the petitioner no.2 must be local since he is the resident of Uttar Pradesh (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In view of the antecedents of the petitioner, the petitioners are directed to appear before the Superintendent of Police, Buxar, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioners will be kept under watch in this period by the Superintendent of Police 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 petitioners before the court concerned. JA/- (Anjana Prakash, J.)