IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5019 of 2010 BINOD JAISWAL, S/o Late Ram Bilash Jaiswal. Versus THE STATE OF BIHAR ----------- 03. 30.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 379 and 411/34 of the Indian Penal Code. After a theft was committed in the temple of the informant he found out that part of the stolen property was in possession of one Devraj Bind and part with petitioner who disclosed that he had purchased the same from Devraj Bind. The case diary was called for to verify as to whether the petitioner is part of a gang which indulges in stealing of temple property but no criminal antecedent of the petitioner has been found in the case diary. In view of such, let the petitioner above named who is in custody since 27.11.2009 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 Chief Judicial Magistrate, Bhabua in connection with Bhabua P.S. Case No. 490 of 2009 (G.R. No. 1796 of 2009) subject to the following conditions:- (i) Since the - 2 - petitioner belongs to Uttar Pradesh so one of the bailors shall be local in nature. (ii) That the affidavit shall clearly state that the petitioner is not 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 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 delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) 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.)