IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32045 of 2011 Lallu Mahto @ Lalu Mahto, son of Ram Chandra Mahto Versus The State Of Bihar ---------------------------------- 3. 02.12.2011 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. The prosecution case is that the tractor of the Informant was robbed by some unknown persons. During investigation, three witnesses stated about 17 days later when the tractor was recovered that they had seen the petitioner driving the tractor. However, there is no independent material with regard to the same. The specific assertion is that the petitioner has fair antecedent. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara, in connection with Chauri P.S. Case No. 63 of 2009, subject to the following 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 and the other shall be the brother-in-law of the petitioner namely, Mohan Prasad. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) 2 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 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. (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. (v) 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. S.Ali ( Anjana Prakash, J.)