IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13078 of 2010 YOGENDRA SINGH, S/o Shukhlal Singh. Versus THE STATE OF BIHAR ----------- 02. 28.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 467, 468, 471, 414, 420 and 120B of the Indian Penal Code. When one Tata Safari bearing No. NL 05W 2312 and Bolero Jeep bearing No. UP-53AJ 8354 were intercepted on suspicion that they were stolen the vehicles, the occupants disclosed that the papers were with one Brij Nath Srivastava who was sitting in Bolero Jeep bearing No. JH-09F 6276. Thereafter the said Bolero Jeep was also searched in which Brij Nath Srivastava was found to be sitting along with the petitioner and one Pappu Kumar. However, Brij Nath Srivastava disclosed on questioning that the cars were stolen and he was dealing in stolen vehicles. The submission of the petitioner is that he was merely an occupant of the car which admittedly 2 belonged to Brij Nath Srivastava, the accused who confessed to have committed the crime. In view of such and also that the petitioner is in custody since 15.09.2009 and has no criminal antecedent, 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 Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 351 of 2009 subject to the following 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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 3 thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the 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. The Magistrate before releasing the petitioner on bail will verify the fact that the petitioner has no criminal antecedent. Vikash/- (Anjana Prakash, J.)