IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12584 of 2010 KASHI NATH RAI . Versus STATE OF BIHAR . ----------- 3. 26.4.2010. Heard learned counsel for the petitioner and the State. This is the second attempt of the petitioner for grant of bail. Petitioner is an accused in a case arising out of Kotwali P.S.Case No.351 of 2009 for offence punishable under Section 467, 468,469,471, 414, 420 and 120B of the Indian Penal Code. The substance of allegation as set out against the petitioner is of having been apprehended from a Bolero bearing Registration No.UP-53AJ-8354 which was alleged to be a stolen one as in support whereof, no papers could be produced by the petitioner. It has been mentioned in the first information report that the informant while on patrolling duty found a Safari vehicle moving suspiciously and after a chase, the said vehicle was apprehended. The driver disclosed his name as Ajay Kumar Rai and gave information that the papers of the vehicle was in possession of one Brij Nath Srivastava who was sitting in another car parked near the Pal Hotel. On this information, the informant rushed to Pal 2 Hotel where the Bolero in question laws apprehended being driven by the present petitioner. One person sitting in the said vehicle got down and escaped and who was later identified as Babloo Chatuvedi. As no document was produced by this petitioner, hence he along with the vehicles was arrested. Learned counsel for the petitioner, with reference to statement made in the supplementary affidavit, submits that the vehicle bearing Registration No.UP-53-AJ-8354 was never a stolen vehicle nor any first information had been instituted in relation to the same rather the same belonged to one Himanshu Kumar Chaturvedi. He submits that the person who had escaped from the vehicle was Babloo Chaturvedi, the brother of Himanshu Kumar Chaturvedi and that simply because the papers could not be produced by the petitioner at the relevant time, he was apprehend. He submits that the said vehicle was subsequently released in favour of Himanshu Kumar Chaturvedi by the Chief Judicial Magistrate, Patna on 23.3.2010. He thus submits that the entire allegation against the petitioner is false. He further submits that the similarly 3 situated persons, namely, Ajay Kumar Rai and Pappu Kumar have been granted bail by this Court vide order dated 17.3.2010 passed in Cr.Misc.No.43191 of 2009 and Cr.Misc.no.2321 of 2010 respectively. Having regard to the circumstances set forth, let petitioner Kashi Nath Rai be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Kotwali P.S.Case No.351 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, (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 bail 4 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. (v) That the petitioner will be well represented on each date and if he fails to so on two consecutive dates, his bail will be liable to be cancelled. The Magistrate concerned before releasing the petitioner on bail will verify the fact that the petitioner is not accused in any other case by calling for a report from the S.P. Siwan as well as S.S.P. Patna. ahk (Jyoti Saran, J.)