IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6644 of 2010 MD. SAKIL AHAMAD SON OF LATE MD. SARFUDDIN Versus STATE OF BIHAR ----------- For the Petitioner : Mr. Anjani Kumar, Advocate For the State : Mr. Choubey Jawahar, A.P.P. ---------- 4. 9.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364, 379 and 120B of the Indian Penal Code. The first informant has reported the disappearance of his vehicle along with the driver and khalasi. During investigation it transpired that the driver and the khalasi were involved in the disappearance and in fact misappropriated the goods loaded on the vehicle. The petitioner was apprehended being one of the receivers of the stolen goods. The seizure list shows the names of Md. Hasib and Md. Jahid Hussain as witnesses, but there is a document to demonstrate that in fact these two witnesses have been made accused earlier for the assault upon the petitioner. The submission is that there has been no recovery from his possession and in fact these witnesses in collusion with the Investigating Officer have reported the same falsely. In view of such and also that the charge sheet has not been submitted u/s.364 I.P.C. and the petitioner has no criminal antecedent, let the petitioner above named, who is in custody since 17.12.2009, be released on bail on furnishing bail bond of - 2 - Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in Rajauli P.S.case No.135 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 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. )