IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.420 of 2010 KISHOR DAS, son of late Visheshwar Das, resident of village- Piprasol, P.S. Madhupur, District- Deoghar ...Petitioner Versus STATE OF BIHAR ...OP ----------- 3/ 23.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 392 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently, when the alleged stolen vehicle was recovered from the possession of one Mahendra Das, the petitioner was made witness in the said case but strangely has been remanded on the basis of the said recovery in the present case. In view of the fact that the petitioner has no criminal antecedents and is in custody since 3.11.2009, let the petitioner, above named, 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, Jamui, in connection with Chandramandih P.S. case no. 21 of 2003, 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 and another bailor must be a local since the petitioner is from Deoghar District, (ii) that the affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on bail, (iii)that the bailors shall also state on affidavit that they 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 - 2 - thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, and (iv) 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. JA/- (Anjana Prakash, J.)