IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9020 of 2010 1.BAIJU MAHTO 2.Chandan Kumar Versus STATE OF BIHAR ----------- 6. 05.8.2010. Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Pipra P.S.Case No.120 of 2009 for offence punishable under sections 406, 407, 420, 120B/34 of the Indian Penal Code. Substance of allegation as set out in the first information report is that certain consignment was to be delivered at Siliguri, which was entrusted to one Rajendra Kumar Sharma, the owner of the Transport Agency. The driver of the truck, namely, Milan Singh and Khalasi, namely, Arjun Thakur are said to have misappropriated the goods as the consignment did not reached its destination. Learned counsel for the petitioner submits that as there was no entrustment of the goods to this petitioner, no case is made out against him under either of the provisions which he has been charged. He further submits that the 2 name of this petitioner has transpired by reason of a statement made by one Ajit Kumar Singh as having complicity in the selling of the goods. He further submits that the goods so consigned were recovered from the godown of one Raj Kishore Prasad alias Kishore Prasad. Learned counsel thus submits that neither the goods were entrusted to him nor has anything been recovered from his personal possession and that his involvement has simply been on the statement made by one Ajit Kumar Singh. He further submits that one co- accused Sanjiv Kumar @ Sanjeev Kumar Singh, in similarly circumstances, has been granted bail by a bench of this Court in Cr.Misc.No.7398 of 2010 vide order dated 21.4.2010 and that the person from whose godown the goods were recovered namely Raj Kishore Prasad @ Kishore Prasad has also been granted bail in Cr.Misc.No.12131 of 2010 vide order dated 21.4.2010. Having heard learned counsel for the petitioner and taking into consideration the circumstances, let petitioners (1) Baiju Mahto and (2) Chandan Kumar be released on bail on their individually furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of 3 the like amount each to the satisfaction of Sri S.C. Dwivedi, Judicial Magistrate, Ist Class, East Champaran at Motihari in connection with Pipra P.S.Case No.120 of 2009, subject to the following conditions: (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other bailor shall be father of the petitioners. The bailor will also undertake to inform the court if there is any change in the addresses of the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after 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 grounds of misuse, (iii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fails to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled 4 for reasons of misuse (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. ahk (Jyoti Saran, J.)