IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12131 of 2010 RAJ KISHORE PRASAD @ KISHORE PRASAD, S/o Gauri Shankar Prasad. Versus THE STATE OF BIHAR ----------- 02. 21.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 406, 407 and 420 of the Indian Penal Code. The petitioner is not named in the First Information Report but subsequently when the articles which were defalcated were recovered from the Godown of the petitioner another case i.e. Mahua P.S. Case No. 305 of 2009 was instituted and thereafter the petitioner was remanded in the present case. However, considering that the petitioner is in custody since 14.11.2009 and submits that he was a bonafide purchaser of the articles and undertakes to be more cautious in future for which the petitioner’s father is ready to stand surety, 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 Chief Judicial Magistrate, Motihari in connection with Pipra P.S. Case No. 120 of 2009 subject to the following conditions:- (i) That one of the bailors will - 2 - 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 bailor shall be father of the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of 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 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. (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. Vikash/- (Anjana Prakash, J.)