IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38551 of 2009 TUNTUN SINGH son of Sri Chandrika Singh resident of village Chhota Bariyarpur, P.S. Chhatuani, Dist. East Champaran ….Petitioner. Versus STATE OF BIHAR ----------- 3 30.11.2009 Heard learned counsel for the petitioner and the State. Petitioner is accused in Sugauli P.S. case No. 99/09 instituted under sections 395, 379, 412 of the Indian Penal Code. Petitioner is not named in the first information report and subsequently a co-accused when arrested disclosed that the petitioner had assisted in hiding the motorcycles and arranging alternatively for a car for them and the said motorcycles were recovered on the pointing out of the present petitioner. However, there is apart from the confessional statement no connection between the hidden motorcycles and the present occurrence since no details of the motorcycles used in the loot have been given in the first information report. The case diary reveals that the petitioner has no criminal antecedent but a supplementary affidavit has been filed on behalf of the petitioner stating there in that he is accused in a case of Excise Act and another case instituted for the offence under sections 323, 504 of the Indian Penal Code and no other case of similar nature. Taking into aforementioned fact let the above named petitioner be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) with two sureties of like amount each to the satisfaction of C.J.M, East Champaran at Motihari in the above noted case 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 - 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 and (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. (Anjana Prakash, J) M.Rahman