IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11366 of 2010 RAKESH KUMAR SHARMA @ KAMAL, SON OF BRAHMDEO SHARMA Versus STATE OF BIHAR ----------- For the petitioner : Mr. Ajay Kr. Thakur, Advocate For the State : Mr. Nawal Kishore Pd., A.P.P. --------- 2. 15/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 414 and 34 of the Indian Penal Code. When the petitioner was seated in a Tavera which was intercepted, the co-accused Anil Ram claimed to be the driver whereas Ramchandra Pandit claimed to be the owner of the vehicle. The petitioner did not claim ownership of the same. In view of such and the fact that the petitioner is not an accused in any other case besides the present and the parent case instituted for the same occurrence, let the petitioner above named, who is in custody since 30.7.2009, 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 Chief Judicial Magistrate, Purnea, in K. Hat (Sahayak) P.S. Case No. 306 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 and the other shall be local since the petitioner belongs to Madhepura. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)That - 2 - 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 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. S.Ali (Anjana Prakash, J.)