IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11780 of 2010 SALIM MIAN @ SETH SON OF LATE RASID MIAN Versus THE STATE OF BIHAR ----------- 2. 19.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 379 of the Indian Penal Code. When the petitioner was arrested in Kotwa P.S.case No.188 of 2009, he confessed that he had sold the subject matter of the present theft to one Dinesh Kumar Chaudhary, from whose possession the motorcycle was recovered. The petitioner was thereafter remanded in the present case. The submission is that the petitioner undertakes not to indulge in same activities once he is released from jail custody and his wife is ready to swear affidavit and stands surety for him as well. In view of such, let the petitioner above named, who is in custody since 6.1.2010, 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 C.J.M., East Champaran at Motihari in Chhatuani P.S.case No.102 of 2009, subject to the conditions (i) that one of the bailors shall be the wife of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the - 2 - 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, (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 and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )