IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6510 of 2011 Om Prakash Singh @ O.P.Singh, S/o Vijay Bahadur Singh. Versus The State of Bihar ----------- 03. 20.07.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 379, 411 and 420 of the Indian Penal Code. The petitioner was refused bail by order dated 28.07.2010 vide Cr.Misc. No. 25444 of 2010 since a police carbine was recovered from his possession. It has been submitted that the petitioner was the friend of Manindra Kumar Singh whose carbine was allegedly stolen. Even though the said Manindra Kumar Singh has given statement that the petitioner had given him a bottle of water on drinking of which he became unconscious whereafter the petitioner had stolen the carbine but all the so called witnesses have stated that the said Manindra Kumar Singh had consumed liquor and had lost consciousness. The defence of the petitioner is that since he was the friend of Manindra Kumar Singh and in order to ensure the safety of the carbine he had taken into his home and kept it there till the time it was recovered. Considering the same as also that the petitioner 2 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 or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 204/2010 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 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 the ground 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. Vikash/- (Anjana Prakash, J.)