IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21175 of 2010 GUDDU CHOUDHARY, S/o Baijnath Choudhary, R/o Village- Karori Bazar, P.S.-Habibpur, District- Bhagalpur. Versus THE STATE OF BIHAR ----------- 3. 12-08-2010 Heard the parties. In a criminal prosecution registered under section 379 of the Indian Penal Code in which subsequently offence under section 411 IPC was also added, some unknown thieves are alleged to have committed theft of a motorcycle of the informant. It is submitted that the petitioner is not named in the F.I.R. and stolen motorcycle has not been recovered either from the house or from the possession of the petitioner. The petitioner has not been put on T.I. Parade in the present case. Only material against the petitioner is that he has been named by co-accused persons in their alleged confessional statements recorded by the police. The petitioner is stated to be in judicial custody since 22.09.2009 i.e. more than ten months. Taking into consideration the period of incarceration, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Bhagalpur in connection with 2 Kotwali(Adampur) P.S. Case No. 576 of 2009 subject to the conditions that (i) one of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (ii) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. Sujit (Birendra Prasad Verma,J)