IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21905 of 2010 DEEPAK KUMAR Versus STATE OF BIHAR ----------- 2 29.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with G.R. Case No. 971 of 2005 arising out of Uda-Kishungaj (Gwalpara) P.S. No. 84 of 2005 for offences punishable under Sections 392 and 411 of the Indian Penal Code. Learned counsel for the petitioner submits that neither this petitioner has been named in the F.I.R. nor any recovery has been made from his personal possession. Learned counsel further submits that the recovery of the motorcycle was made from Nepali Garage situated at Sarbodaya Ashram Road, Rupouli- Bhawanipur near bus stand, of which, Pawan Kumar is said to be the owner. He further submits that the name of the petitioner has transpired during the course of investigation and has been referred in the supplementary case diary as being the person who sold the motorcycle. Learned counsel further submits that the said 2 allegation is without any evidence in support thereof. Having regard to the circumstances aforesaid, let the petitioner namely, Deepak Kumar be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Sub- Divisional Judicial Magistrate, Madhepura in connection with Uda- Kishanganj (Gwalpara) P.S. case No. 84 of 2005 subject to the following conditions:- (1) that the father of the petitioner would stand as one of the bailors and who would be under a duty to inform the Court below in case this petitioner gets named or is involved in any further case of similar nature after his release and whereupon the Court concerned shall be at liberty to cancel the bail bonds of the petitioner on grounds of misuse, (2) that the petitioner would accept the police papers and would be present on the date fixed for charge. The petitioner would also co-operate in the trial and would not delay the same, 3 (3) that the petitioner would be attending the Court below on each and every date fixed in the case and failure on his part to attend the Court on two consecutive dates without reasonable explanation to the satisfaction of the Court below would confer liberty to the Court concerned to initiate proceeding for cancellation of his bail bond and for taking him into custody. Bibhash ( Jyoti Saran, J.)