IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27019 of 2009 AJAY KUMAR SON OF VIJAY KUAMR SINGH, RESIDENT OF MOHALLA KANHAULI BISHUNDUTTA, P.S. MITHANPURA, DISTRICT MUZAFFARPUR …. PETITIONER Versus STATE OF BIHAR ----------- 3. 8.9.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 414 of the Indian Penal Code. Taking into consideration the fact that even though the allegation is that stolen motorcycle was recovered from the house of the petitioner but a plea has been taken that it was of his friend and his friend has filed a petition for release of the said motorcycle and there is no report about theft of the said motorcycle, let the petitioner above named, who has clean antecedent and is in custody since 25.5.2009, 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 Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S.case No.218 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 affidavit shall clearly state that the petitioner is not an accused in any other case and if he - 2 - is, he shall not be released on bail and (iii) 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. Narendra/ ( Anjana Prakash, J. )