IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18643 of 2010 UPENDRA CHAUHAN @ HANI CHAUHAN @ HARI CHAUHAN son of Nageshwar Chauhan Versus STATE OF BIHAR ----------- 3/ 25.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 395 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report and subsequently the petitioner was arrested in Tisari P.S. along with some allegedly stolen articles and a case under section 414 Indian Penal Code was instituted against him for those incriminating articles and thereafter he was remanded in the present case also for the recovery of the alleged stolen articles. It has further submitted that for the same offence the petitioner has been made accused twice and he has been granted bail by the Jharkhand High Court in connection with the case lodged at Tisari PS. 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 the Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 67 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. Another bailor of the petitioner shall be his father. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they - 2 - 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. JA/- (Anjana Prakash, J.)