IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12768 of 2010 RABINDRA SINGH, Son of late Shivnandan Singh, Resident of village – Maniyanpur, P.S. Bidupur, District Vaishali …….. Petitioner Versus THE STATE OF BIHAR …… Opposite Party ----------- For the Petitioner : Mr. Niraj Kumar, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. 2 18.05.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered for offences punishable under Section 392 of the Indian Penal Code. It is submitted on behalf of the petitioner that though he is named in the first information report but it would be manifest from the same that the informant was moving with the accused persons and enjoying food, liquor etc. It is submitted that offence under Section 392 of the Indian Penal Code has not been made out. It is also contended that the vehicle concerned has been recovered. Further contention is that the petitioner is in custody since 1.12.2009 and co-accused, namely, Vikas Kumar, who is on similar footing to that of the petitioner, has been granted bail 2 vide order dated 3.11.2009 passed in Cr. Misc. No. 37424 of 2009. A copy of which has been appended as Annexure 2. In the facts and the circumstances of the case, the petitioner, RABINDRA SINGH, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali in connection with Bidupur P.S. Case No. 79 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. If, after his release in this case, the petitioner is again found implicated in similar nature of cases, then the concerned court would be at liberty to take steps for cancellation of his bail bonds. Further the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two 3 consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)