IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4485 of 2010 GUDDU @ VIKASH KUMAR UPADHAYAY, SON OF BABULAL UPADHAYAY Versus STATE OF BIHAR ----------- 2. 18/02/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 411 of the Indian Penal Code. The petitioner was arrested along with two other co-accused riding an alleged stolen motorcycle. Thereafter, three cases were instituted, one under Sections 414 I.P.C., second under Section 392 I.P.C. and 3rd under Section 27 of the Arms Act. The petitioner apart from being an accused in these three cases arising out of the common occurrence, is not an accused in any other case. Under the circumstances, let the petitioner above named, who is in custody since 18.5.2009, 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 Sri Ravindra Kumar, Judicial Magistrate, 1st Class, Sasaram, in connection with Darihat P.S. Case No. 29 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other 2 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. (iii)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. The Magistrate concerned is directed to consider amalgamating the Darihat P.S. Case No. 28 of 2009, Darigaon (Sasaram) P.S. Case No. 337 of 2009 and the present case since all arise out of the same occurrence. S.Ali (Anjana Prakash, J.)