IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11277 of 2010 DILEEP SHARMA SON OF SRI ANUP SHARMA @ ANUP SINGH Versus STATE OF BIHAR ----------- 4. 19.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 392 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the present case arises out of a complaint that some unknown criminals had snatched the motorcycle of the complainant. However the first information report was instituted on this complaint almost after a year and during investigation the informant in his further statement said that five days after the occurrence the motorcycle had been recovered from a place where the petitioner was also present. However, considering that the petitioner’s name transpired after about a year and the seizure list does not conclusively show that the recovery was made from the possession of the petitioner, let the petitioner above named, who is in custody since 12.8.2008, 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 C.J.M., Gaya in M.U. P.S.case No.26 of 2008, subject to the conditions (i) That one of the bailors shall be the brother of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake - 2 - to furnish information to the court about any change in the address of 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 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. Narendra/ ( Anjana Prakash, J. )