IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8257 of 2010 PRADEEP KUMAR CHAUDHARY @ KANHA, S/o Rajendra Chaudhary. Versus THE STATE OF BIHAR ----------- 02. 10.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 414 of the Indian Penal Code. One Prabhu Sharma, informant of Pipra Kothi P.S. Case No. 131 of 2009 dated 04.11.2009 apprehended petitioner with an unnumbered motorcycle and produced him before the Officer In- charge, Pipra Kothi who instituted the present case on 12.12.2009 i.e. one month later stating therein that there was no material against the petitioner in Pipra Kothi P.S. Case No. 131 of 2009 whose informant had apprehended the present petitioner but since no claimant had turned up with the present motorcycle therefore he was remanded in the present case for offences instituted under Section 414 of the Indian Penal Code. It has been submitted that there is absolutely no material to suggest that the - 2 - motorcycle was stolen and the very fact that the case is being instituted one month later speaks of the falsity of the allegation. Under the circumstances, let the petitioner above named be 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra Kothi P.S. Case No. 146 of 2009 subject to the following 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 - 3 - cancelled for reasons of misuse. (iv) 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. Vikash/- (Anjana Prakash, J.)