IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27919 of 2009 RUPESH KUMAR, son of Ramagya, Resident of village-Nakti Tola Ramdiri, P.S. Mathihani, District- Begusarai …Petitioner Versus STATE OF BIHAR … OP ----------- 3/ 27.10.2009 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 when the petitioner was arrested with the stolen motor cycle (which is the subject matter of the present case) a separate case under section 414 of the Indian Penal Code was instituted and the petitioner was remanded in the present case without any material. It has further been submitted that the petitioner is not an accused in any other case besides the two cases arising out of the same occurrence. Under the circumstances, mentioned above, let the petitioner above named, who is in custody since 15.4.2009, 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 the Chief Judicial Magistrate, Begusarai, in connection with Mufassil (Singhaul)P.S. case no. 316 of 2008, 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, and (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. JA/- (Anjana Prakash, J.)