IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40107 of 2009 GAUTAM KUMAR SON OF LATE BHAGWAN DAS Versus STATE OF BIHAR ----------- 2. 25.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 414 of the Indian Penal Code. It has been submitted that the police had come to the house of the petitioner in search of certain wanted persons, who were also arrested at the spot and a motorcycle was recovered which was allegedly stolen but the petitioner does not claim the same and he has no criminal antecedents. Under the circumstances, let the petitioner above named, who is in custody since 7.7.2009, 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, Sheikhpura in Mehus P.S.case No.25 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 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, (iii) 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 and (iv) 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. Narendra/ ( Anjana Prakash, J. )