IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1334 of 2010 SARBJIT KUMAR @ HALCHAL SON OF HULAS SINGH Versus STATE OF BIHAR ----------- 2. 29/01/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report and the Truck was recovered from Kolkata and not from his possession. The petitioner was identified by one witness after a lapse of 20 days but he has no criminal antecedents. 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 Sri Om Prakash, Judicial Magistrate 1st Class, Ara, in connection with Chouri P.S. Case No. 45 of 2009, G.R. No. 2328 of 2009, Trial No. 4593 of 2009 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 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 2 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 S.Ali (Anjana Prakash, J.)