IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3423 of 2010 MUNNA TIWARY @ PRIYA NATH TIWARY, son of Bihari Tiwary Versus STATE OF BIHAR ----------- 3/ 18.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 379 of the Indian Penal Code. After institution of the First Information Report with regard to the theft of Hero Honda Splendor Plus motor cycle bearing registration No. BR44-6316, Engine No.05D15E22279, chasis no.05D16E22618, Model 2005, the same was recovered from the house of the petitioner and he was made accused for which a separate case was instituted and then remanded in the present case. In view of the fact that the petitioner is in custody since 27.7.2009, and apart from two other cases besides the present one, the petitioner is not accused in any other case, let the petitioner, above named, 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 the Chief Judicial Magistrate, Buxar, in connection with Buxar Town P.S. case no.96 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 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 - 2 - of bail on the ground of misuse, (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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Buxar, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. The Magistrate concerned will consider amalgamation of present case with Brahampur P.S. case no.218 of 2009 since both the cases arise out of the same occurrence. JA/- (Anjana Prakash, J.)