IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3912 of 2010 AMIT KUMAR SINGH SON OF JAY KISHORE PRASAD SINGH Versus STATE OF BIHAR ----------- 2. 15/02/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 384 of the Indian Penal Code. It has been submitted that the petitioner on 31.12.2008 purchased a motorcycle from the show room of the Informant and the self starter of the same became defective during the warranty period due to which he repeatedly requested the Informant for rectification and on his refusal, an altercation ensued. The said altercation has been exaggerated by the Informant to the extent of the present First Information Report wherein it has been stated that the petitioner was demanding Rangdari from him on this occasion as well as on earlier occasion. Taking into consideration the background of the case as also that the petitioner has not been made an accused by any other person, let the petitioner above named, who is in custody since 13.12.2009, 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 Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 641 of 2009 subject to the following 2 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 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. S.Ali (Anjana Prakash, J.)