IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10337 of 2010 SAYED NAUSHAD @ SYED NAUSHAD S/O MIR MUSTAFA Versus STATE OF BIHAR ----------- 4. 29.6.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. By an order dated 5.11.2009 vide Cr.Misc.No.37287 of 2009 the petitioner was refused bail earlier but has renewed his prayer for bail since the petitioner is in custody since 7.8.2009 and another co-accused has been granted bail by this court. It has been submitted that the petitioner is not named in the first information report and subsequently when co-accused Manoj and Vicky were arrested they disclosed the complicity of the petitioner that he used to be one of the purchasers of the stolen vehicle. Subsequently the vehicle was recovered but not from the possession of the petitioner. It has been asserted that the petitioner is a bonafide purchaser and in fact he had paid Rs.2 lacs as advance for the said vehicle, which was also found in a bag drawn in favour of co-accused Manoj. It has further been submitted that the petitioner has no criminal antecedents. In view of such, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with three sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur in Chauri P.S.case No.45 of 2009, subject to the conditions (i) That one of the bailors - 2 - shall be local since the petitioner belongs to Calcutta and the second bailor shall be the wife of the petitioner and the third bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (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, (iv) 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 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. The Magistrate before releasing the petitioner on bail will verify that the petitioner has no criminal antecedents by calling for a report from Police Station Watgange, Calcutta 23, where the petitioner resides. Narendra/ ( Anjana Prakash, J. )