IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14857 of 2010 RAJENDRA SINGH @ RAJENDRA PRASAD SINGH son of Nand Kishore Singh Versus THE STATE OF BIHAR ----------- 2/ 11.05.2010 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 and section 33 and 42 of the Forest Act. Prosecution case is that on suspicion a truck which was being driven by one Surendra Singh was intercepted and huge amount of Khair wood was found loaded on the truck. On enquiry, the driver disclosed that the owner of the truck was one Suprus Jain and the owner of the wood was one Awadhesh Kumar Singh. The petitioner is said to be the Khalasi of the truck and the submission is that he had no knowledge that the articles were stolen nor does he claim the possession of the same. In view of such, let the petitioner, above named, who is in custody since 14.1.2010 and has no criminal antecedent, 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, Purnia, in connection with Barhara (Raghuvansh Nagar) P.S. case no.10 of 2010, 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. One of the bailor shall be local since the petitioner belongs to Siwan district. The bailors will undertake to furnish information to the court - 2 - about any change in the address of the petitioner, (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 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 (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.)