IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40136 of 2009 VIVEK UPADHYAY S/o Lalan Upadhyay Versus STATE OF BIHAR ----------- 2/ 25.11.2009 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 when the petitioner’s brother Abhimanyu Upadhyay was caught with the alleged stolen motor cycle, he was made accused in the present first information report but strangely enough at that point in time the name of the petitioner did not transpire and later on the same Abhimanyu Upadhyay disclosed the name of the petitioner to be the real owner of the stolen motor cycle, let the petitioner above named, who is in custody since 16.9.2009 with only one other case against him, 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, Bhabua, in connection with Bhabua P.S. case no.340 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. - 2 - The fact that the petitioner is accused in only one other case besides the present one will be verified by the Magistrate concerned before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)