IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30803 of 2009 DEEPAK THAKUR @ DIPU THAKUR, S/o Laxmikant Thakur. Versus THE STATE OF BIHAR ----------- 05. 04.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 406 and 420/34 of the Indian Penal Code. The allegation against the petitioner in the First Information Report is that the informant had employed the driver and khalasi for his truck on the recommendation of the petitioner and thereafter they misappropriated the tyres loaded on the said truck. The submission is that apart from conspiracy there is no cogent material against the petitioner and there has been no recovery from his possession. Under the circumstances, let the petitioner above named who is in custody since 11.06.2009 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, Muzaffarpur in connection with Sadar P.S. Case No. 392 of 2008 - 2 - subject to the following 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. Vikash/- (Anjana Prakash, J.)