IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44574 of 2009 GUDDU SINGH @ AJIT SINGH, s/o Arun Prakash Singh, r/o A/28, Sudhia Housing Estate, P.S. Jagdal, Distt. 24 Pargana, West Bengal ...Petitioner Versus STATE OF BIHAR ...OP ----------- 3/ 18.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 363, 302, 379/34 of the Indian Penal Code. The informant instituted a case for disappearance of his BOLERO car along with the driver. Later on, the driver’s dead body was recovered and then two months later one Durga Sao in West Bengal was found to be in possession of the deceased’s mobile without SIM for a certain period and was, therefore, questioned. He stated that he was using the said mobile which he had purchased from the present petitioner and then the petitioner was arrested, who stated that he had purchased the said mobile from one Akhter and sold it to Durga Sao but he returned it since he could not pay the entire amount. In the entire case diary, there is no material to link the present petitioner either with the kidnapping or the murder of the driver. Under the circumstances, let the petitioner, above named, who is in custody since 28.6.2009, 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 Railway Judicial Magistrate, Sonpur at Chapra, in connection with Siwan Rail P.S. case no.14 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, another bailor will be a - 2 - government servant since the petitioner belongs to the State of West Bengal and third bailor must be a local, (ii) 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 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. Before releasing the petitioner on bail, the learned Magistrate will confirm that the petitioner is accused in only two cases i.e. Jagdal P.S. case no.196 of 2006 dated 25.5.2006 and Jagdal P.S. case no.389 of 2008 dated 4.10.2008, even by calling a report from the Superintendent of Police, 24 Pargana, West Bengal. JA/- (Anjana Prakash, J.)