IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9396 of 2010 ASHWINI KUMAR, SON OF BIJAY KUMAR MANDAL Versus STATE OF BIHAR ----------- 2. 19/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 414/34 of the Indian Penal Code. Six persons namely, Mithilesh Singh, Minku Khan, Saurav Kumar, Vishwanath Panjiar, Vivek Kumar and Ravi Kumar Singh were arrested from a Hotel room on suspicion of being criminals. Thereafter, Mithilesh Singh and Saurav Kumar disclosed that they used to steal motorcycles and the stolen motorcycles would be recovered from certain places whereafter the motorcycle was in fact recovered. The petitioner is not named in the First Information Report and subsequently when Santosh Kumar gave a confessional statement separately, he named the petitioner as his accomplice but the petitioner has no criminal antecedents nor there has been any recovery made from his possession. Under the circumstances, let the petitioner above named, who is in custody since 4.9.2009, 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 Chief Judicial Magistrate, Patna, in connection with Gandhi Maidan P.S. Case No. 364 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner - 2 - who will give an affidavit giving genealogy as to how he is related with 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. The fact that the petitioner has no criminal antecedents will be verified by the Magistrate before releasing the petitioner on bail. S.Ali (Anjana Prakash, J.)