IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33994 of 2010 Vijay Kumar Paswan @ Vijay Paswan son of Muneshwar Paswan, resident of village- Malti, P.S. Ujiarpur, District- Samastipur. – petitioner. Versus STATE OF BIHAR--- Opp. Party. ----------- 2/ 15-09-2010 Heard the parties. In a criminal prosecution registered under section 414/34 of the Indian Penal Code, the petitioner along with one other accused were apprehended by the police while they were sleeping in the house of one Bala Paswan. From possession of the petitioner one mobile set was allegedly seized by the police and he could not furnish the documents in support of the ownership of that mobile set. It is also alleged that one motorcycle was found parked near the house in question and for that also relevant papers were not produced by the accused persons and as such it was presumed to be stolen one. It is submitted that the petitioner is in judicial custody since 16.12.2009 and no case of theft under section 379 of the Indian Penal Code has been registered with respect to the seized mobile or motorcycle in question and as such the offence under section 414 of the Indian Penal Code is not applicable in the present case. Taking into consideration the period of incarceration, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- 2 with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Dalsingsarai in connection with Ujiarpur P.S. Case No. 175 of 2009, subject to conditions that : (A) one of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. BTiwary/ ( Birendra Prasad Verma, J.)