IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35987 of 2009 AJAY KUMAR @ AJAY KUMAR SINGH, S/O Sri Kapil Dev Singh, resident of village Chanka, P.S. Nokha, district Rohtas .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 26.10.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 414 of the Indian Penal Code. 3. Taking into consideration the fact that even though the recovery was from the house of the petitioner, he explained the presence of the same as having been belonging to co-accused, Sanjay Kumar @ Veera, his cousin, as also the fact that the petitioner is not accused in any other case and is in custody since 07.07.2009, 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 Nokha P.S. Case No. 108 of 2009 to the satisfaction of the Chief Judicial Magistrate, Rohtas, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving 2 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 and (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. S.A. (Anjana Prakash, J.)