IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25649 of 2010 MUNNA RAM @ GUDDU SON OF BECHU PRASAD, RESIDENT OF VILLAGE BARAON, P.S. NOKHA, DISTRICT ROHTAS –PETITIONER. Versus THE STATE OF BIHAR—OPP. PARTY. ----------- 2/ 11-08-2010 Heard the parties. In a criminal prosecution for offences under section 414 of the Indian Penal Code, the petitioner and three other persons have been arrayed in the category of accused on suspicion that motorcycles in question by which they were traveling, were suspected to be stolen one. Learned counsel for the petitioner submits that entire prosecution case is based on suspicion and surmises as he was going on a motorcycle driven by co- accused Md. Ahmad @ Chhotu as a pillion rider, who claims to be the purchaser of the said motorcycle. Petitioner is stated to be in judicial custody since 30.04.2010 and he further claims that there is no criminal history against the petitioner. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Nokha P.S. Case No. 71 of 2010 2 subject to conditions that : (A) one of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned . BTiwary/ (Birendra Prasad Verma, J.)