IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36296 of 2009 KRISHNA NARAYAN MAHTO son of Shibjee Mahto, Resident of village Babubarhi, P.S. Babubarhi, Dist. Madhubani ….Petitioner. Versus STATE OF BIHAR ----------- 2 28.10.2009 Heard learned counsel for the petitioner and the State. Petitioner seeks bail in a case instituted for the offence under sections 379/411 of the Indian Penal Code. Taking into consideration the fact that the petitioner was not in the actual theft of the motorcycle and in fact the allegation is that the petitioner assisted the co-accused Santosh Yadav in taking out the stiker of the motorcycle subsequently, let the above named petitioner be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) with two sureties of like amount each to the satisfaction of C.J.M, Madhubani, in Madhubani Town P.S. case No. 205/09, G.R. No. 1858 of 2009,subject to the condition 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 further that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail and 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. (Anjana Prakash, J) - 2 - M.Rahman