IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38968 of 2009 MAKSUD ALAM @ MUNNA, son of Manzoor Alam, Resident of village- Mudaiyar, P.S. Akhodhi Gola, District- Rohtas ...Petitioner Versus STATE OF BIHAR ...OP ----------- 2/ 09.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 379, 411 of the Indian Penal Code. Taking into consideration the fact that the petitioner has been named during investigation on the basis of recovery of a motor cycle about which the explanation is that he is the uncle of Md.Wais, who was unfortunately a criminal, and had kept the said motor cycle in his premises but the petitioner has no criminal antecedent, let the petitioner above named, who is in custody since 22.12.2008, 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 SDJM, Daudnagar, Aurangabad, in connection with Daudnagar P.S. case no.260 of 2008, 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, 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 - 2 - 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. JA/- (Anjana Prakash, J.)