IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6631 of 2010 JAI KISHOR SAH, S/O RAM NATH SAH Versus THE STATE OF BIHAR **** /2/ 09.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 414 of the Indian Penal Code. 3. The petitioner is not named in the first information report and subsequently when one Md. Salim was arrested on suspicion he disclosed that he used to deal in stolen motorcycles and had sold one of which to the present petitioner, which the present petitioner in turn had sold it to one Dinesh Choudhary from whose possession it was subsequently recovered. It has been submitted that the petitioner has no criminal antecedents and, in fact, never indulged in the business of selling or buying stolen motorcycles. 4. In the aforesaid circumstances, let the petitioner, above named, who is in custody since 01.12.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Katwa P.S. Case No. 188 of 2009 to the satisfaction of the Chief Judicial Magistrate, Motihari, East 2 Champaran, on 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 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)