IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1367 of 2010 ARUN KUMAR YADAV @ JEELA, son of Triloki Nath Yadav Versus STATE OF BIHAR ----------- 3/ 09.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 395 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report in this occurrence of motorcycle loot and four months later the material that has transpired against the petitioner is that he was seen along with the looted motorcycle. The submission is that this belated statement is obviously with intent to rope the petitioner because of his antecedents and there has been no recovery from his possession nor has the petitioner been put on test identification parade. Under the circumstances, let the petitioner, above named, who is in custody since 2.11.2009, 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 the Chief Judicial Magistrate, Buxar, in connection with Bagen Gola P.S. case no.17 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 - 2 - 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 and (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. JA/- (Anjana Prakash, J.)