IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21453 of 2010 ASHOK KUMAR GUPTA SON OF BRIJ BIHARI PRASAD GUPTA Versus STATE OF BIHAR ----------- 2. 30.6.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 379 and 411/34 of the Indian Penal Code. The prosecution case is that two mobiles of the informant were missing, one of which was traced to the present petitioner. The submission is that the petitioner had in fact purchased the same from co-accused Changej Alam on payment of Rs.200/-. The further submission is that the petitioner’s brother undertakes responsibility of the petitioner after his release from jail custody. In view of such, let the petitioner above named, who is in custody since 10.4.2010, 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 A.C.J.M., Bagaha, District West Champaran in Bagaha P.S.case No.156 of 2010, subject to the conditions (i) That one of the bailors shall be the brother of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of 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, (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. Narendra/ ( Anjana Prakash, J. )