IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3234 of 2010 MANOJ SINGH, son of Shri Chandradev Singh Versus STATE OF BIHAR ----------- 2/ 08.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 414 of the Indian Penal Code. On 26.5.2004, the petitioner, who was an under trial prisoner, fled away from the jail custody on a motor cycle of one of his companion. For the said occurrence, a substantive case was instituted against the petitioner in which he was subsequently acquitted on 04.04.2007. The motor cycle on which the petitioner had fled away was recovered from his house for which another substantive case under section 414 of the Indian Penal Code was instituted which is the present case. The petitioner is said to be in custody since 27.11.2009 in the present case and it is surprising that even though he was facing trial in Pirbahor P.S. case no.149 of 2004, in which he was in custody since 6.8.2004, he was not sought to be remanded by the prosecuting agency and has been remanded in the present case only after his acquittal. It has been submitted that the petitioner was accused in Sikarhatta P.S. case no. 7 of 2001 dated 8.2.2001 under section 302 of the Indian Penal Code but he has been acquitted of the charge and Pirbahore P.S. case no.149 of 2004 dated 26.5.21004 in which case also he has been acquitted. Apart from these two cases the petitioner is not accused in any other case as has been submitted by the counsel for - 2 - the petitioner. Taking into consideration the aforesaid facts, 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 to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Kadamkuan (Patrakarnagar) P.S. case no.606 of 2004, 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, (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, 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. The fact that the petitioner is presently not accused in any other case will be verified by the Magistrate before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)