IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12032 of 2010 TUNTUN MANDAL son of Rudal Mandal Versus STATE OF BIHAR ----------- 2/ 20.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 408/34 of the Indian Penal Code. The prosecution case is that co-accused Sanjiv Kumar Singh was given some gold by the informant to give it at the shop of one Vijay Kumar of M/s Durga Jewellers, but instead of that he mortgaged the same to the present petitioner. In lieu of that the petitioner is said to have paid rupees eight thousand to him. Submission is that the petitioner without knowing the intention of the co-accused did so and he had no mens rea to commit the offence. In view of such, let the petitioner, above named, who is in custody since 9.11.2009, 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 the Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S. case no.375 of 2009, subject to the 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case of similar nature and, if he is, he shall - 2 - 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 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. JA/- (Anjana Prakash, J.)