IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5041 of 2010 AMARJEET KUMAR SON OF SRI RAM SINGH Versus THE STATE OF BIHAR With Cr.Misc. No.39193 of 2009 PAPPU JHA SON OF SRI NAND KISHORE JHA Versus STATE OF BIHAR ----------- 2. 23.2.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 414/34 of the Indian Penal Code. On 24.6.2009 one Mukesh Singh instituted a case that his driver and truck were missing, for which a substantive case, namely, Kalyanpur (Samastipur) P.S.case No.133 of 2009 was instituted. Thereafter on a secret tip-off, the police intercepted the said truck and found the present petitioners sitting along with the stolen truck. Petitioner Pappu Jha was said to be the driver of the truck, whereas petitioner Amarjeet Kumar was the khalasi of the truck. However when the driver Pappu Jha was examined in paragraph 33 of the case diary, he stated that one Pannalal Singh told him that he had recently purchased the truck and had hired his services for ferrying the same from Bettiah to Khagaria and in course of which on interception they were arrested. When the original driver Vijay Kumar Singh and khalasi Pankaj Kumar Singh were examined, they refused to identify the present petitioners as being the miscreants, who had drugged them and stolen the - 2 - vehicle. In view of such as also the fact that the petitioners have no criminal antecedents, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Motihari in Chhatauni P.S.case No.75 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )