IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13034 of 2010 BABLU KUMAR @ BABLU KUMAR MANJHI @ SANJAY MANJHI, S/o Sheo Kumar Manjhi. Versus THE STATE OF BIHAR ----------- 02. 28.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code. The prosecution case is that some armed miscreants looted a business man who was driving on the truck of the informant. Subsequently one Niraj Kumar Gupta was arrested who disclosed that the whole plan has been set up by one Nandu Singh who was in contact with the driver of the truck and kept them informed about the movement of the truck. The petitioner happens to be the driver of the said truck who is alleged to have kept the accused persons informed about its movement. However, Nandu Singh has not been arrested nor has there any cogent material to support the same by way of any cases of phone calls between the two. In view of such, let the petitioner above 2 named who is in custody since 01.01.2010 and has no criminal antecedent 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, Banka in connection with Katoriya P.S. Case No. 254 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 bailor shall be local since the petitioner is from Bhagalpur and the identity of the petitioner should be fixed before releasing the petitioner on bail since he has alias name. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not 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 3 bail on the ground of misuse. (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. Vikash/- (Anjana Prakash, J.)