IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13665 of 2010 SURENDRA PASWAN son of Janak Paswan Versus STATE OF BIHAR ----------- 2/ 20.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 379 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently he was allegedly apprehended when he was attempting to steal the she-goat of another person. Then, the informant of that case produced the petitioner with the stolen motor cycle which is the subject matter of the present case. Submission is that the petitioner is in custody since 2.9.2009 and apart from other case i.e. Kotwa P.S. case no.139 of 2009, there is no other case pending against him. In view of such, 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 the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Motihari Town P.S. Case No.281 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. Another bailor will be wife of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they will inform the court - 2 - 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, (iii)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. The fact that the petitioner is accused only in Kotwa P.S. case no.139 of 2009 besisdes the present one will be verified by the court below efore releasing him on bail. JA/- (Anjana Prakash, J.)