IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7526 of 2010 BALMUKUND YADAV SON OF LATE BHOLA YADAV, RESIDENT OF VILLAGE JAGATPUR, P.S. PARBATTA, DISTT. BHAGALPUR. Versus STATE OF BIHAR ----------- For the petitioner: Mr. Ranjan Kumar Jha, Advocate. For the State : Mrs. Indu Bala Pandey, A.P.P. ---- 2/ 18.03.2010 Heard learned counsel for the petitioner and learned Addl. P.P. for the State. Petitioner apprehends his arrest in a case instituted under section 379 of the Indian Penal Code. It is submitted that the petitioner is not named as accused in the F.I.R. .Unknown thieves are said to have committed theft of motorcycle of the informant. During the course of investigation one co-accused Pankaj Kumar Choudhary was apprehended by the police and his confessional statement was recorded, wherein he is said to have stated that he had kept the motorcycle at the house of the petitioner. Learned counsel for the petitioner submits that thereafter the police searched the house of the petitioner but the motorcycle was not recovered and seized from there. He submits that in view of the aforesaid facts, no offence under section 379 of the Penal Code is made out against the petitioner. Be that as it may, in the facts and circumstances of the case, let the petitioner above named, - 2 - in the event of his arrest or surrender in the court below within four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Bhagalpur in connection with Nathnagar P.S. Case No. 309 of 2008, subject to the condition as laid down under section 438(2) of the Cr.P.C. with further conditions (a) that one of the bailors must be government servant or close family members of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioners, (b) if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned . ( Birendra Prasad Verma, J ) BTiwary/