IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26305 of 2011 Sanjay Paswan, son of Raghunandan Paswan Versus The State Of Bihar ----------- 2. 10.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 379 of the Indian Penal Code. Subsequently, Section 411of the Indian Penal Code was added. It has been submitted that the stolen motorcycle was recovered from the joint house of the petitioner and not his exclusive possession as also that for recovery of Arms from his room, a separate case was instituted as Barachatti P.S. Case No. 246 of 2010. Considering the aforesaid as also that apart from these two cases, the petitioner is not an accused in any other case, let the petitioner above named, who is in custody since 25.11.2010, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Sri R.K. Singh, Judicial Magistrate, 1st Class, Sherghatti at Gaya, in connection with Barachatti P.S. Case No. 245 of 2010 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner, who will 2 give an affidavit giving genealogy as to how he is related with the petitioner and the other shall be the brother of the petitioner namely Samod Paswan. The bailor will undertake to furnish information to the court about any change in the address of 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 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. The Magistrate is directed to consider amalgamation of the present case with Barachatti P.S. Case No. 246 of 2010 since both the cases arise out of the same transaction. S.Ali ( Anjana Prakash, J.)