IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20283 of 2010 KUNDAN KUMAR SON OF KALEV SINGH, RESIDENT OF VILLAGE KOPA KHURD, P.S. NAUBATPUR IN THE DISTRICT OF PATNA – PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- 2/ 15.06.2010 Heard the parties. In a criminal prosecution for offence under sections 406, 420, 411 and some other allied offences of the Indian Penal Code, the petitioner and co-accused Saroj Kumar are specifically named in the F.I.R. as accused. According to the prosecution case co-accused Saroj Kumar had sold his motorcycle to the informant on payment of consideration money but due to lack of papers the motorcycle in question was not transferred in his name. Subsequently on the pretext of some urgent work the petitioner and co-accused Saroj Kumar borrowed the aforesaid motorcycle for going to Fulwarisharif but the aforesaid motorcycle was never returned to the informant, leading to institution of the present criminal case. It is submitted by learned counsel for the petitioner that there was some dispute between the parties regarding payment of actual consideration money between the informant and the co-accused Saroj Kumar. Co- accused Saroj Kumar has already been granted bail by order dated 15.04.2010 passed in Cr. Misc. No. 11690 of 2010, vide Annexure-2 and the petitioner has remained in - 2 - judicial custody since 19.01.2010. In the 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 amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Phulwarisharif( Janipur) P.S. Case No.28 of 2010 ( G.R. No. 299 of 2010), subject to conditions: (A) one of the bailors must be government servant or close family members 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/ - 3 -