IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8844 of 2010 SUDHIR KUMAR MAHTO, son of Laljee Mahto Versus STATE OF BIHAR ----------- 2/ 15.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 414 of the Indian Penal Code. Taking into consideration the fact that the petitioner was merely arrested on suspicion of being in possession of stolen articles but there is no parent case of theft in regard to the articles recovered and the fact that the petitioner has no criminal antecedent, let the petitioner, above named, who is in custody since 30.7.2009, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Shri A. K. Pandey, Railway Judicial Magistrate, Kiul, Lakhisarai, in connection with Jhajha GRP Case No. 28 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner(s), who will give an affidavit giving genealogy as to how he is related with the petitioner(s), (ii) that the affidavit shall clearly state that the petitioner(s) is/are not accused in any other case and, if he is/they are, he/they 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(s) is/are implicated in any other case of similar nature after his/their 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, and (iv) that the petitioner(s) will give an - 2 - undertaking that he/she/they will receive the police papers on the given date and be present on date fixed for charge and if he/she/they fail(s) to do so on two given dates and delay(s) the trial in any manner, his/her/their bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)