IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27733 of 2010 BHUKTAN MAHTO @ AMARJEET KUMAR son of Sri Arun Singh Versus STATE OF BIHAR ----------- 2/ 18.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 414/34 of the Indian Penal Code. It has been submitted that when one Rakesh Kumar was arrested with allegedly stolen truck he disclosed the name of the petitioner as one of his accomplice. Considering that there has been no recovery from his possession and he is in custody since 9.6.2010 as also that he has fair antecedent, 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, Patna, in connection with Beur P.S. Case No.191 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 and the other bailor shall be the father/brother of the petitioner. The bailors will undertake to furnish information to the court 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 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 thereafter - 2 - the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (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, (v)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. The fact that the petitioner is not accused in any other case will be verified by the Magistrate before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)