IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46348 of 2009 SANOJ KUMAR @ SANOJ YADAV, S/o Sheo Kumar Singh. Versus THE STATE OF BIHAR ----------- 03. 23.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 413, 414 and 120B/34 of the Indian Penal Code. The prosecution is that on 14.01.2007 the Officer In-charge arrested two persons namely Manish Kumar Singh and Ravi Kumar Singh with an alleged stolen motor-cycle. They disclosed that they dealt with purchase and sale of stolen vehicles in which the petitioner along with four others were also involved. Thereafter, on his pointing out an alleged stolen vehicle was recovered from village Chitnawa. It was concluded by the informant that the petitioner along with nine others was a part of gang involved in lifting of vehicles. From the antecedent report and the petitioner’s supplementary-affidavit it appears that the petitioner is accused in three other cases besides the present one. One case has been instituted for the - 2 - offences under Sections 341, 323 and 379 of the Indian Penal Code instituted by his pattidar, the second case was instituted also for vehicle lifting but it was on inquiry found that the car belong to the father of the petitioner whereas the third case is concerned it has been stated that even though the vehicle was seized on suspicion of being stolen the same belong to his brother and the substantive case was numbered as Bhojpur P.S. Case No. 281 of 2006. Under the circumstnaces, let the petitioner above named who is in custody since 04.11.2009 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 Additional Chief Judicial Magistrate, Danapur, Patna in connection with Danapur (Shahpur) P.S. Case No. 31 of 2007 subject to the following 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 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 - 3 - 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. The Magistrate concerned before releasing the petitioner on bail will confirm the fact that Bhojpur P.S. Case No. 281 of 2006 in fact pertained to the vehicle of his own brother and therefore it would not be a case of Section 414 of the Indian Penal Code. Vikash/- (Anjana Prakash, J.)