IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20346 of 2010 RAJESH KUMAR SAH SON OF SARYUG SAH, RESIDENT OF VILLAGE GHAT BHATRA, P.S. BISFI, DISTT. MADHUBANI – PETITIONER. Versus THE STATE OF BIHAR—OPP. PARTY. ----------- For the petitioner : Mr. Gagandeo Yadav, Adv. For the State : Mr. Ram Priya Sharan Singh, A.P.P. ---- 2/ 16.06.2010 Heard the parties. In a criminal prosecution originally initiated for offence under section 379 of the Indian Penal Code, in which subsequently offence under section 411 of the Indian Penal Code was added, some unknown miscreants are alleged to have stolen a motorcycle of the informant. It is submitted that the petitioner is not named in the F.I.R. and during the course of investigation he was apprehended by the police on mere suspicion. Confessional statements of Awadesh Yadav @ Awadhesh Kumar Yadav were recorded, resulting into recovery of the stolen motorcycle. It is also submitted that petitioner is in judicial custody since 10.01.2010 and co-accused Awadhesh Yadav @ Awadhesh Kumar Yadav has already been granted bail by a Bench of this Court by order dated 17.05.2010 passed in Cr. Misc. No. 16229 of 2010, In the aforesaid facts and circumstances, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like - 2 - amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Bisfi P.S. Case No. 6 of 2010, subject to conditions that : (A) one of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and 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 ( Birendra Prasad Verma, J ) BTiwary/