IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44423 of 2010 SANJAY BIND S/O VISHNU PRASAD Versus THE STATE OF BIHAR ----------- 3. 16.03.2011 Heard learned counsel for the petitioner and the state. The petitioner seeks bail in a case instituted for the offence under Section 394 of the Indian Penal Code and Sections 395, 397 and 412 I.P.C. was also added. It has been submitted that the looted motor cycle was recovered from the dwelling house of the petitioner but the same has not yet been put on Test Identification Parade and he has fair antecedents. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of learned A.C.J.M., Danapur in connection with Bihta P.S. Case No. 167/2010, subject to the conditions, (i) That one of the bailor 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 the other bailors shall be the 2 cousin brother of the petitioner namely Harendra Kumar. The bailors 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 petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) That the bailors shall also state on affidavit that they 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 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J.)