IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11690 of 2010 SAROJ KUMAR, S/o Devendra Kumar Singh. Versus THE STATE OF BIHAR ----------- 02. 15.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 406, 420, 419, 411 and 120B/34 of the Indian Penal Code. The prosecution case is that the petitioner had allegedly sold his motorcycle to the informant but thereafter he borrowed the same along with the co- accused, Kundan Kumar and never returned it. When the said Kundan Kumar was intercepted he confessed before the police on the basis of which motorcycle was recovered from the motor garage. The submission is that in fact the informant had under-paid the value of the motorcycle and a dispute had arisen between them and thereafter the present case has been instituted on trumped up charges. The further submission is that the petitioner is not an accused in any other case of similar nature. In view of such, let the petitioner above named who is in custody since 23.01.2010 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 - 2 - Chief Judicial Magistrate, Patna in connection with Phulwari Sharif P.S. Case No. 28 of 2010 subject to the following 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 also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case of similar nature and if he is he shall not be released on bail. (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. (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. Vikash/- (Anjana Prakash, J.)