IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13357 of 2010 DINESH KUMAR CHAUDHARY SON OF RAJENDRA BAITHA Versus STATE OF BIHAR ----------- 2. 19.4.2010 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. The petitioner is not named in the first information report and subsequently when one co-accused Md. Salim Mian was arrested, he disclosed that he had sold the subject matter of the present case to the petitioner and thereafter the motorcycle was recovered from his possession. The submission is that from the facts itself, it appears that the petitioner is a bonafide purchaser. In view of such and that the petitioner is in custody since 6.1.2010 and apart from one other case pending against him the petitioner is not implicated in any other case, 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 C.J.M., East Champaran at Motihari in Chhatauni P.S.case No.102 of 2009, subject to 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. 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 - 2 - 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 and (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 fact that the petitioner is an accused in only one other case besides the present one will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )