IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30874 of 2010 ANIL KUMAR, SON OF LATE SHASHIBHUSHAN PRASAD Versus STATE OF BIHAR ----------- 3. 27.10.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 394 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report and subsequently when he was arrested along with the stolen motorcycle, a substantive case i.e. Nokha P.S. Case No. 71 of 2010 was instituted and the petitioner was remanded in the present case as well. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Rohtas, at Sasaram, in Sasaram (Darigaon) P.S. Case No. 370 of 2010 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 and the other shall be the brother/mother of the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)That the bailor shall also state on affidavit that he will inform the court concerned if 2 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. (iv)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 Magistrate shall consider amalgamation of the present case with Nokha P.S. Case No. 71 of 2010 since both the cases arise out of the same occurrence in view of Section 220 Cr. P.C. S.Ali ( Anjana Prakash, J.)