IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21543 of 2009 LALAN SINGH Versus STATE OF BIHAR ----------- 2 08.07.2009 Heard both sides. The petitioner seeks bail in a case instituted under section 406 of Indian Penal Code. As per allegation in the F.I.R., the petitioner took away the motorcycle of the informant. It is the prosecution case that the motorcycle belonging to the informant has not been recovered and/or restored to him. Learned counsel submits that the petitioner is in custody since 5.11.2008. Its contended stricto sensu ,no case under section 406 can be made out. It appears from the impugned order that the charges in the present case have already been framed on 23.9.2009 but witnesses have not been examined. In the facts and circumstances of the case, let petitioner abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Gopal Jee, Judicial Magistrate, Ist Class, Sasaram in connection with Kochas (Parsathua) P.S. case no. 110 of 2008 subject to the following conditions: (i) One of the bailers will be own/close family member of the petitioner. (ii) The petitioner shall appear in person on 2 dates fixed in the Trial. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )