IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6933 of 2010 RAJESH PRASAD SON OF SURESH PRASAD Versus THE STATE OF BIHAR ----------- 2. 3.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 413, 414, 420, 467, 468 and 471/34 of the Indian Penal Code. The first information report speaks of two vehicles having been intercepted on suspicion, wherein the petitioner was found sitting in one of them and it was suspected that the accused persons were dealers of stolen vehicles and also indulged in illegal financial transactions. It has been submitted that the petitioner conceded that he was dealer of cars but not stolen vehicles. It has also been asserted that the petitioner has no criminal antecedents and does not belong to any gang of vehicle lifters which fact may be verified before releasing the petitioner on bail. Taking into consideration the fact that let the petitioner above named, who is in custody since 27.7.2009, 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 C.J.M., Madhubani in Khajauli P.S.case No.75 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, (ii) that the affidavit shall clearly state - 2 - 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 of bail and (iv) 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. The learned Magistrate before releasing the petitioner on bail will verify the fact that the petitioner is not an accused in any other case of similar nature and in case it is found to be contrary, he will not be released on bail. Narendra/ ( Anjana Prakash, J. )