IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3171 of 2010 RANJAY KUMAR SINGH @ MUKESH SON OF DHIRENDRA KUMAR SINGH @ BIRENDRA SINGH, RESIDENT OF VILLAGE KUMHARAR, P.S. FENHARA, DISTRICT EAST CHAMPARAN AT MOTIHARI Versus STATE OF BIHAR ----------- 2. 11.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 392 of the Indian Penal Code. It has been submitted that after the present first information report was instituted when the motorcycle was found in an abandoned condition one co-accused Deepak Kumar Singh was arrested, who disclosed the name of the petitioner and thereafter the petitioner was taken in custody on 9.11.2004. Once he was taken in custody in the said case, he was remanded in few other cases of similar nature but subsequently was ordered to be released on bail. In the period of five years that the petitioner was in custody, he was not sought to be remanded in the present case, which is the parent case of the recovery of the alleged motorcycle and only when he was ordered to be released on bail that the petitioner has been recently remanded in the present case on 18.9.2009 which shows the unfair attitude of the Investigating Agency. Taking into consideration the aforementioned facts, 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 Sub-Divisional Judicial - 2 - Magistrate, Sheohar at Sitamarhi in Sheohar P.S.case No.57 of 2004, subject to the conditions (i) that the petitioner is required to give a local bailor in view of the fact that he is himself a resident of Motihari, whereas the case is of Sitamarhi, (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 of bail, (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. )