IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29830 of 2010 MUNNA KHAN @ MD.MUNNA KHAN son of late Mahmood Khan, R/o Mohalla badi Dargah, P.S. Sheikhpura Dist. Sheikhpura ….petitioner. Versus STATE OF BIHAR O.P. ----------- 3 6.10.2010 Heard the parties. In a criminal prosecution registered under section 414 of the Indian Penal Code one Gautam Kumar and two others including the petitioner have been arrayed as accused. According to the FIR house of co-accused Gautam Kumar was searched and from there one motorcycle was seized by the police. On interrogation co-accused Gautam Kumar is said to have disclosed to have purchased the motorcycle in question from co- accused Munna Khan (the petitioner). Subsequently house of the petitioner was also searched and in his absence two motorcycles were seized from there by the police. Learned counsel for the petitioner submits that there is no legal material to show that the seized motorcycles were stolen one. There is no mention in the whole FIR that any criminal case of theft was lodged 2 with respect to the seized motorcycles and, therefore, the offence under section 414 I.P.C. may not be applicable in the present case. It is further highlighted that co-accused Gautam Kumar has been granted bail by a bench of this Court by an order dated 11.02.2010 passed in Cr. Misc. No. 2830 of 2010 (Annexure-2) and the petitioner is in judicial custody since 1.5.2010. Taking into consideration the facts and circumstances, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Sheikhpura in connection with Sheikhpura P.S. case no. 348 of 2009, subject to the condition : (a) That one of the bailors must be a Govt. servant. (b) The other bailor shall be close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (c) if the petitioner is found involved in same 3 Rahman/ 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. (d) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Prasad Verma, J)