IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38778 of 2009 SHAFI @ SHAFIQUE KHAN @ SHAFIQUE AHMAD, son of Indrish Khan, resident of village- Kora Beldari, P.S. Mufassil Bettiah, District- West Champaran ...Petitioner Versus STATE OF BIHAR ...OP ----------- 2/ 07.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 406, 420/34 of the Indian Penal Code. Taking into consideration the fact that co-accused Uma Shankar Kumar, the driver of the vehicle of the informant, has stated that it is the petitioner, who had hired the vehicle, for bringing his sister and thereafter the vehicle was made traceless but recovered from a abandoned place and not from the possession of the present petitioner, let the petitioner above named, who is in custody since 13.5.2009,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, Bettiah, West Champaran, in connection with Bettiah Muffasil P.S. case no.105 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 of bail on the ground of misuse, and (iii)that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date - 2 - 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.)