IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.946 of 2010 RAJEEV KUMAR @ RAJEEV SAHNI, son of RamashraySahni Versus STATE OF BIHAR ----------- 3/ 05.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 414 and 120-B/34 of the Indian Penal Code. The prosecution case is that when co-accused Shyam Kumar and Md. Eqbal were arrested on suspicion, they stated that BOLERO on which they were sitting belonged to the present petitioner. The present petitioner does not claim ownership of the said BOLERO and submits that he has no concern with the same and repeatedly he has been made accused in the cases of this nature on account of suspicion. Taking into consideration the said fact as also the fact that the petitioner is in custody since 15.10.2009, let the petitioner, above named, 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 Sri Sampat Kumar, Judicial Magistrate, 1st class, Dalsingsarai, in connection with Dalsingsarai P.S. case no.138of 2006 (Tr. No.918 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 giving 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 - 2 - 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. Further, the petitioner is directed to appear before the Superintendent of Police, Samastipur, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period and if it is found wanting in any respect, a report shall be made by the S. P., Samastipur, to the court concerned, who will then initiate a proceeding for cancellation of bail for the reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. JA/- (Anjana Prakash, J.)