IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4602 of 2010 BAJRANGI SINGH @ BAJRANGI KUMAR, S/O UMA SHANKAR SINGH Versus STATE OF BIHAR **** /3/ 09.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 141 and 120B of the Indian Penal Code. 3. The prosecution case is that when the police on suspicion intercepted two vehicles bearing registration number BR-24P-1444 and BR-3P-1019 and arrested four persons they confessed that the vehicles were stolen and there were two more stolen vehicles which were parked at Adalatganj at that point of time. On this disclosure, the police reached Adalatganj and intercepted two vehicles bearing registration numbers UP- 53AA-5775 and JH-09E-2274 and have arrested five persons sitting in those vehicles. The present petitioner was said to be sitting in Bolero bearing registration no. UP-53AA-5775 along two other persons. It has been submitted that in fact the present vehicle was not stolen and belonged to one Ragho Singh who has filed a petition before the Court concerned for it’s release. There are documents to show that the said car had been taken on hire by the followers of one Pahadi Baba and the petitioner is the 2 nephew of said Pahadir Baba, an organizer of Satsang, in course of which the present car was intercepted and the petitioner arrested while he was an occupant of the same. 4. In view of the aforesaid and also that there is no material in the case diary to suggest that the petitioner belongs to a gang of vehicle lifters and he does not have any criminal antecedents, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Kotwali P.S. Case No. 402 of 2009 to the satisfaction of the Chief Judicial Magistrate, Patna,on 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, (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 and (iv) that the 3 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 then his bail will be liable to be cancelled for reasons of misuse and (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. 5. The fact that the petitioner is not an accused in any other case will be verified by the Magistrate before releasing the petitioner on bail. S.A. (Anjana Prakash, J.)