IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20894 of 2010 RAKESH SINGH @ MITHAI LAL Versus THE STATE OF BIHAR ----------- 2 24.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Tr.No.1956 of 2010 arising from Manjhi P.S. Case No. 96 of 2009 for offences punishable under Sections 392 and 411 of the Indian Penal Code. Substance of allegation against the petitioner is of looting the motorcycle of the informant at the point of pistol. The looted motorcycle was recovered from Anil Rai giving rise to Mohammadpur P.S. Case No. 63 of 2009. The petitioner was found sitting on the motorcycle and as a consequence whereof both Anil Rai and petitioner were taken into custody. Learned counsel for the petitioner further submits that in the said case whereas this petitioner was granted bail vide order dated 8.3.2010 passed in Cr.Misc. No. 45298/2009 the co-accused Anil Rai was also 2 granted bail on the same date i.e. 8.3.2010 passed in Cr.Misc.No.818 of 2010. Learned counsel submits that while the petitioner was in custody in the said case he has been remanded in the present case. Having regard to the submissions aforesaid, let the petitioner, namely, Rakesh Singh @ Mithai Lal be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the learned Judicial Magistrate, Ist Class, Saran at Chapra in connection with Tr.No. 1956 of 2010 arising out Manjhi P.S. Case No. 96 of 2009 subject to the following conditions:- (1) That a close relative of the petitioner would stand as one of the bailors and would indicate his/her relationship with the petitioner. The said bailor would also file an affidavit informing the Court below in case this petitioner is involved in any further case of similar nature after his release in the present case and whereupon the Court below would be at liberty to initiate proceeding for cancellation of his bail bond and for taking him into custody (2) The petitioner would also be 3 attending the trial of the case on each and every date fixed without any break and the failure on the part of the petitioner to attend the Court below on two consecutive dates fixed in the case without any reasonable explanation to the satisfaction of the trial Court, would entitle the Court concerned to initiate proceedings for cancellation of his bail bond and for taking him into custody. Bibhash ( Jyoti Saran, J.)