IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9942 of 2010 KANAK RAJAN @ KANAK RAJ S/O BALASUBRAMANIUM Versus STATE OF BIHAR ----------- 2. 30.3.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 406 and 420/34 of the Indian Penal Code. Without entering into the rival contentions about the veracity of the transactions purportedly done between the parties, taking into consideration the fact that the petitioner is the General Manager of a Company and is in custody since 18.2.2010 and the entire case is based on documents, 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 to the satisfaction of Chief Judicial Magistrate, Patna in G.R.No.2199 of 2007 arising out of Kotwali P.S.case No.203 of 2007, subject to the conditions (i) That one of the bailors shall be a government servant even if from outside the State of Bihar and 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 affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) 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 - 2 - below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) 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 and (v) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The parties are also directed to explore the possibility of arriving at an amicable settlement. Narendra/ ( Anjana Prakash, J. )