IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37194 of 2010 AMLESH SAH, Son of Shiva Sah, resident of village-Bokane, P.S.-Patahi, District- East Champaran. Versus STATE OF BIHAR ----------- 2/ 08-10-2010 Heard the parties. In a criminal prosecution registered under Section 379 of the Indian Penal Code in which subsequently offence under Section 411 I.P.C. was also added, the petitioner is alleged to have committed theft of a Motorcycle of the informant. It is submitted that stolen Motorcycle in question was recovered on the very next day and under some confusion the case of theft was lodged by the informant. It is also highlighted that the petitioner is in judicial custody since 10-01-2010 and as such he has sufficiently been punished in the case. Be that as it may, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Patahi P.S. Case No. 3 of 2010, subject to the conditions that : (a) one of the bailors must be a Government servant, (b)another bailor must be a close family member or close relative of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (c)if the petitioner is found involved in same and 2 similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (d) the petitioner shall make regular Pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make Pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. AH./SHAHZAD ( Birendra Prasad Verma, J.)