IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44938 of 2009 ROHIT KUMAR @ APPU KUMAR, SON OF LATE SHANKAR PRASAD @ GORAKH PRASAD Versus STATE OF BIHAR ----------- 02. 18.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 379 and 411 of the Indian Penal Code. The First Information Report is about the theft of Bolero Jeep which was later on recovered from the possession of one Sanjeev Kumar on 01.03.2009 for which a separate case was instituted. When Sanjeev Kumar was arrested, he disclosed the name of the present petitioner and therefore he was made an accused in Beur P.S. Case No. 53 of 2009. However for the recovery of the same Bolero even though a separate case has been instituted, Section 411 was added in the present case as well and the petitioner has been made an accused on the basis of such confession made by Sanjeev Kumar in Beur P.S. Case No. 53 of 2009. Taking into consideration the fact that no recovery was made from the person of the petitioner and apart from being an accused in cases with regard to the same subject matter he is not accused in any other case, let the petitioner who is in custody since 28.05.2009 be 2 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 Sub-Divisional Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 64 of 2009, subject 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 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 (iii) 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. Shageer (Anjana Prakash, J)