IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26453 of 2011 Gupteshwar Rai son of Chanra Shekhar Rai Versus The State Of Bihar ----------- 2. 11.8.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 120B, 406 and 420 of the Indian Penal Code. It has been submitted that the petitioner was the employee of the Company to which the wheat has been entrusted by the complainant for transport and defalcated by the co-accused. Considering that apart from suspicion there is no material against the petitioner and he has fair antecedents, 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 Sri Rajesh Prasad, Judicial Magistrate, 1st class, Buxar in connection with Complaint case No.130(C) of 2004 (Tr. No.1205 of 2011), subject to the conditions (i) That one of the bailor shall be the wife of the petitioner and the other 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. The bailor will undertake to furnish information to the Court about - 2 - 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 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 ground of misuse, (iv) 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. Narendra/ ( Anjana Prakash, J. )