IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3594 of 2010 GAGAN KUMAR @ RANJIT KUMAR RANJAN SON OF SRI YOGENDRA NARAYAN DAS Versus STATE OF BIHAR ----------- 3. 18.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399, 402 and 414 of the Indian Penal Code. The petitioner was arrested within the Bank premises on suspicion for being in possession of stolen motorcycle. However motorcycle is not stolen as is evident from Annexure-3 and there is no cogent material to suggest that the petitioner had gathered there for commission of dacoity. Moreover the petitioner has no criminal antecedents. Under the circumstances, let the petitioner above named, who is in custody since 1.10.2009, 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, Banka in Banka P.S.case No.417 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 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 - 2 - 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. )