IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7205 of 2010 MD. SONU S/O MD. NAUSHAD Versus STATE OF BIHAR ----------- 2. 5.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 380 and 457 of the Indian Penal Code. The petitioner is not named in the first information report and subsequently when one Raja Sahani was arrested, he confessed and implicated the present petitioner. In the meanwhile certain articles were recovered from the house of the petitioner, which were subject matter of another case and out of which one item was said to be the subject matter of the present case. Therefore the petitioner has been remanded in the present case as well. It has been asserted that the petitioner is in custody since 29.10.2009 and apart from these two cases there is no other criminal antecedent and is not a regular receiver of stolen property. Under the circumstances, 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 C.J.M., Motihari, East Champaran in Chhatauni P.S.case No.91 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 - 2 - 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 and (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. The Magistrate concerned before releasing the petitioner on bail will verify the fact that the petitioner is an accused in only one other case besides the present one and if it is found to be incorrect, the petitioner will not be released on bail. Narendra/ ( Anjana Prakash, J. )