IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28904 of 2010 PAPPU JHA S/O SHRI NAND KISHORE JHA Versus THE STATE OF BIHAR ----------- 3. 06.09.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 414 of the Indian Penal Code. By the order dated 23.2.2010 vide Cr.Misc. No. 39193 of 2009 the petitioner was directed to be released on bail on condition that an affidavit would be filed on his behalf that there is no criminal antecedent but since the petitioner was later on remanded in a case of theft of the truck, the petitioner could not give such an affidavit therefore could not released on bail. Considering the same, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Judicial Magistrate, East Champaran at Motihari, in connection with Chhatauni P.S. Case No. 75/2009, G.R. No. 1702/2009, Tr. No. 180/2010, subject to the conditions,(i) That one bailor shall be locan in 2 nature since the petitioner belongs to Khagaria and the other bailor shall the father of the petitioner. The bailor will undertake to furnish information to the Court about any change in address of 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 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 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, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that the petitioner is an accused in only one other case besides the present one will be verified by the Magistrate before releasing the petitioner on bail even by calling for a report from the S.P. Khagaria since the petitioner resides in Khagaria. Fahad. ( Anjana Prakash, J. )