IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42486 of 2009 SANJAY SAH @ SANJAY KUMAR SON OF LATE SURESH PRASAD SAH ------ PETITIONER. Versus STATE OF BIHAR ----------- 2. 08/12/2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 414 and 34 of the Indian Penal Code. It has been submitted that at 6.30 A.M. on 4.9.2009, the present First Information Report was instituted about a Gang who were involved in stealing and selling motorcycle and a number of persons were caught in a Hotel who disclosed the modus operandi. The petitioner is said to have been arrested on the basis of recovery made from his house in Munger on the same day at 1.45 P.M. but strangely enough the seizure list does not mention the case number. The further submission is that the recovery shown from the house of the petitioner appears to be highly suspicious in view of the fact that the petitioner’s name was not disclosed by the accused persons caught at the Hotel, and therefore, there was no question of any recovery from his house on the same day at 1.45 P.M. It has further been submitted that the petitioner is not an accused in any other case. Taking into consideration the aforementioned fact, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two 2 sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Gandhi Maidan P.S. Case No. 364 of 2009 corresponding to G.R. No. 4659 of 2009 subject to the following 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. (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 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. S.Ali (Anjana Prakash, J.)