IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45016 of 2009 MUKESH KUMAR @ BABA SON OF SRI PHULCHAND PRASAD @ PHULCHAND MAHATO Versus STATE OF BIHAR ----------- 2. 24.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 392 and 411 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report and subsequently one Mobile without Sim was recovered from the possession of the petitioner, for which a separate case i.e. Kankarbagh P.S.case No.253 of 2009 was instituted, in which case the petitioner has been granted bail, let the petitioner above named, who is in custody since 11.9.2009, 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 Chief Judicial Magistrate, Patna in Kankarbagh P.S.case No.251 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 genealogy as to how he is related with the petitioner, (ii) 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, (iii) that the petitioner will give an undertaking that he will receive the police - 2 - 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 (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 concerned will consider amalgamation of Kankarbagh P.S.case No.251 of 2009 and Kankarbagh P.S.case No.253 of 2009 since both the cases arise out of the same occurrence. Narendra/ ( Anjana Prakash, J. )