IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40394 of 2011 Zeyaur Rahman @ Zia @ Lallu, Son of Mujibur Rahman, resident of village-Rahthous, P.S.-Bisfi (Patuana), District- Madhubani. Versus The State of Bihar ----------------- 2 02.12.2011 Heard learned counsel for the petitioner and the learned A.P.P. Dr. Indiwar Kumari on behalf of the State. The petitioner seeks bail in connection with a case registered under Section 379 of the Indian Penal Code. It is stated that the petitioner was initially taken into custody on 13.1.2011 in connection with a case registered under Sections 114/34/120(B) of the Indian Penal Code. He was granted bail in that case by order dated 4.7.2011 passed in Cr. Misc. No. 18201 of 2011. The alleged recovered Maruti Car of that case is the subject matter of theft in the present case in which the petitioner was subsequently remanded on 24.7.2011. It is contended that though the present F.I.R. was registered on 13.1.2011 and the petitioner was already in custody since that date but was taken into remand subsequently on 24th of July, 2011. In other words, the contention is that the petitioner is in detention since 13.1.2011. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial 2 Magistrate, Darbhanga in connection with Manigachi P.S. Case No. 14 of 2011 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 and the other shall be the father of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of 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. (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 delay the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Sanjeet/ (Ashwani Kumar Singh, J.)