IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No. 8264 of 2010 DHIRENDRA KUMAR SINGH, s/o Ram Naresh Singh, resident of village- Simara, P.S. Malangama, District- Sarlahi (Nepal) ...Petitioner Versus THE STATE OF BIHAR ...OP ----------- 2/ 11.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 394 and 326 of the Indian Penal Code and section 27 of the Arms Act. Petitioner is not named in the First Information Report and subsequently was apprehended on suspicion riding allegedly a stolen motor cycle. The co-accused apprehended along with the present petitioner made confessional statement implicating the present petitioner in the present occurrence and on his statement the stolen motor cycle was recovered from his own rented house. Contention is that prior to the present case he was accused in only one case and thereafter he was remanded in two other cases of similar nature. In one bail application, the petitioner has been allowed bail on the condition that he would report to the Superintendent of Police concerned and his conduct would be kept under watch for the next six months. Under the circumstances, let the petitioner, above named, who is in custody since 15.5.2009, 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, Sitamarhi, in connection with Sitamarhi P.S. case no.204 of 2009, subject to the conditions (i) that one of the bailors will be a close - 2 - relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner and that the petitioner being a citizen of Nepal, a local bailor will also be furnished on his behalf,(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, (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. The petitioner will strictly comply with the order dated 3.3.2010 passed in Cr. Misc. 6337 of 2010. JA/- (Anjana Prakash, J.)