IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9321 of 2010 BALIRAM SAH SON OF LATE BHUNESHWAR SAH Versus THE STATE OF BIHAR ----------- 2. 17.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399, 402, 414 of the Indian Penal Code and 25(1-B)A, 26, 35 of the Arms Act. The petitioner’s name transpired in the first information report on the basis of confessional statement of the co-accused, who stated that a looted motorcycle had been kept in the house of the petitioner from where it was recovered. There is no allegation against the petitioner of being present at the place of occurrence planning to commit dacoity nor any arms were recovered from his possession and till date he has not been remanded in the parent case of theft of the alleged recovered bike. Under the circumstances, let the petitioner above named, who is in custody since 8.11.2009 and has no criminal antecednets, 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., Sitamarhi in Runnisaidpur P.S.case No.373 of 2009 (G.R.No.2940 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, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is - 2 - 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 and (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. Narendra/ ( Anjana Prakash, J. )