IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.715 of 2010 BUCHKUN SINGH, S/O SRI NAND KISHORE SINGH Versus STATE OF BIHAR **** /3/ 08.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 395 and 412 of the Indian Penal Code. 3. In the first information report it has been stated by one Sanjay Kumar that he had hired a vehicle for transporting his medicines, but, on the way he was way laid and the vehicle as well as the medicines were looted by miscreants. The petitioner is not named in the first information report and subsequently he was found sitting in the said vehicle. The submission is that the vehicle was being used for hire and the petitioner was a bonafide passenger of the said vehicle. In the entire case diary the statement of the owner of the vehicle has not been recorded to support that in fact the vehicle had been looted by the miscreants and was still in their custody till it’s recovery on 02.07.2009. Under the circumstances, let the petitioner, above named, who is in custody since 03.07.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in 2 connection with Mahua P.S. Case No. 244 of 2009 to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, on 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, (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 then 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. 4. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Vaishali at Hajipur, within fifteen days of his release with a copy of this order and thereafter every two weeks for the next 3 six months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police, concerned, and if it is found wanting in any respect, a report shall be made to the Court, concerned, by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the Court, concerned. S.A. (Anjana Prakash, J.)