IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9128 of 2010 CHANDRA KISHORE YADAV, son of Mankoshwar Yadav Versus THE STATE OF BIHAR ----------- 2/ 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 414/34 of the Indian Penal Code. On 22.3.2009, one Tata Safari bearing no. UP-84E-6422 was intercepted and the driver Raju Singh disclosed that he was engaged to take the car to a certain destination by the present petitioner. The car was seized by the police officials and till nine months when the petitioner did not turn up to claim the car, he was arrested, who disclosed that, in fact, the car was stolen and he had engaged Raju Singh to take it to a certain place. It has been submitted that the stolen car was not recovered from the possession of the petitioner nor does the car belong to him and, therefore, he has no concern with the car. It has further been submitted that the petitioner is accused only in Ramgadhwa P.S. case no.26 of 2008 instituted for the offence under section 379 of the Indian Penal Code with regard to theft of crops. This fact will be verified by the Magistrate concerned before releasing the petitioner on bail. In view of such, 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, Motihari, East Chamnparan, in connection - 2 - with Sugauli P.S. case no. 305 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 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.)