IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1024 of 2010 PRAKASH KUMAR, S/O SRI BIR BAHADUR YADAV, R/O DEOGHAR, P.S., KUNDA TOWN, DISTRICT DEOGHAR .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 12.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 419, 420, 120B and 34 of the Indian Penal Code. 3. It has been submitted that ATM cards which were recovered from the person of the petitioner belong to him and there is no cogent material to support that the petitioner had ever withdrawn any money illegally from the ATM and his name has merely been disclosed by the co- accused for reasons best known to them. 4. Taking into consideration the fact that the petitioner is not named in the first information report and his name transpired during investigation on the confession of the co-accused and the petitioner claims to be bonafide owner of the ATM cards recovered, let the petitioner, above named, who is in custody since 10.10.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Beur P.S. Case No. 171 of 2009 to the satisfaction of the Chief Judicial Magistrate, Patna, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 2 giving genealogy as to how he is related with the petitioner and the other bailor shall be local since the petitioner belongs to Deoghar, (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 and (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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)