IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31066 of 2009 SANJAY KUMAR GUPTA SON OF LATE DEODUTT GUPTA, RESIDENT OF MOHALLA MILL ROAD, P.S. KHAGARIA, DISTRICT KHAGARIA … PETITIONER Versus STATE OF BIHAR . ----------- 3. 29.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 379 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report nor has any recovery been made from his possession and even though he was earlier made an accused in four other cases but he was acquitted and recently he made complaint against the police two days later he was implicated in the present case, let the petitioner above named, who is in custody since 14.6.2009, 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 Sri S.K.Pandey, Judicial Magistrate, IInd Class, Khagaria in connection with Khagaria P.S.case No.215 of 2009 G.R.No.729 of 2009, 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 - 2 - 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. Narendra/ ( Anjana Prakash, J. )