IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4560 of 2010 MUKESH PATEL SON OF LAGAN PATEL Versus STATE OF BIHAR ----------- 2. 18.2.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 364A, 302, 201 and 379 of the Indian Penal Code. On 11.3.2008 the complainant filed a Sanha before the police that on 9.3.2008 his tractor with trailer was missing along with the driver and on enquiry he could not find out anything about the same, so he filed the present informatory petition. Six months later the present complaint was instituted saying that it is the petitioner, who had hired the tractor and trailer. The submission is that the complainant had filed the missing report three days after the occurrence, wherein he stated that he had made enquiry about the whereabouts of the driver and the tractor, but he does not say that it is the petitioner, who hired the tractor, which he alleges six months later. Taking into consideration the aforesaid facts as also that the petitioner has no criminal antecedents, 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 to the satisfaction of Chief Judicial Magistrate, West Champaran at Bettiah in Nautan P.S.case No.284 of 2008, subject - 2 - to the 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, (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 and (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 of bail. Narendra/ ( Anjana Prakash, J. )