IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8606 of 2010 RAKESH KUMAR @ LALA KUMAR, S/O JAGDISH PRASAD Versus THE STATE OF BIHAR **** /2/ 09.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 414 and 120B/34 of the Indian Penal Code. 3. The prosecution case is that when the police on suspicion intercepted two vehicles bearing registration number BR-24P-1444 and BR-3P-1019 and arrested four persons who confessed that the vehicles were stolen and there were two more stolen vehicles which were parked at Adalatganj at that point of time. On this disclosure, the police reached Adalatganj and intercepted two vehicles bearing registration numbers UP- 53AA-5775 and JH-09E-2274 and have arrested five persons sitting in those vehicles. The petitioner was found sitting in one of the seized vehicles which was suspected to be stolen and, thereafter, remanded in the present case. It is submitted that in fact the petitioner was arrested in Arrah on 21.10.2009 and not from Adalatganj, Patna, as asserted and, therefore, a petition was filed by the father of the petitioner, in this regard in the Court below on 21.10.2009. There is no material in 2 the case diary to suggest that the petitioner belongs to a gang of vehicle lifters. 4. In the aforesaid circumstances, let the petitioner, above named, who is in custody since 24.10.2009 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 Kotwali P.S. Case No. 402 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 giving genealogy as to how he is related with the petitioner, in view of the fact that the petitioner belongs to Ranchi, a local bailor will also be required to be furnished on his behalf, (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 3 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 and (v) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. 5. The Magistrate before releasing the petitioner on bail will verify the antecedents of the petitioner and will grant bail to the petitioner only on condition that he has clean antecedents. S.A. (Anjana Prakash, J.)