IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7625 of 2010 NAND KISHORE SHRIVASTAVA, SON OF LATE KASHI NATH SHRIVASTAVA Versus STATE OF BIHAR ----------- 5. 15.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 414 and 34 of the Indian Penal Code. It has been submitted that the petitioner was merely the driver of the vehicle which was allegedly stolen and does not belong to a gang of vehicle lifters. The antecedent report of the petitioner was called for, from which it appears that there is no criminal antecedents of the petitioner within the district of Patna. It is also asserted that the petitioner has no criminal antecedents. In view of such, 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 Smt. Gyatri Kumari, Judicial Magistrate, 1st Class, Patna, in Kankarbagh P.S. Case No. 225 of 2009 subject to the following conditions: (i) That one of the bailors will be local since the petitioner belongs to Buxar and the second bailor will be the wife of the petitioner. The bailor will undertake to furnish information to the court about any change in address of the petitioner. (ii)That the affidavit shall clearly state that the 2 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. (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. (v) 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 before releasing the petitioner on bail, call for a report from the Superintendent of Police, Buxar, to confirm that the petitioner has no criminal antecedents since he is resident of Buxar. S.Ali ( Anjana Prakash, J.)