IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3978 of 2010 PAPPU KUMAR, S/O VRAJ BHUSHAN PANDEY Versus STATE OF BIHAR **** /3/ 09.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 414 of the Indian Penal Code. 3. The prosecution case is that when the police on suspicion intercepted two vehicles bearing registration number BR-24P-1444 and BR-3P-1019 and arrested four persons who confessed that the vehicles were stolen and there were two more stolen vehicles which were parked at Adalatganj at that point of time. On this disclosure, the police reached Adalatganj and intercepted two vehicles bearing registration numbers UP- 53AA-5775 and JH-09E-2274 and have arrested five persons sitting in those vehicles. The petitioner was found sitting in the vehicle bearing registration no. UP-53AA-577 which was allegedly stolen one. However, the petitioner asserts that he was an occupant of the car without any knowledge that the vehicle was a stolen one and, therefore, Section 414 of the Criminal Procedure Code would have no application in his case. The Additional Public Prosecution points out that in paragraph 83 the 2 identity of the petitioners was checked and it was found out that there is no person named as Braj Bhushan Pandey in village Tulsi Harigaon, P.S. Jagdishpur, Arrah, so in all probability the petitioner has given a wrong name and parentage. The Court below will make an enquiry about the identification of the petitioner and only if it is found that the identification tallies with that which has been offered by the present petitioner before the police and on verification that there is no criminal antecedents of the petitioner will release the petitioner, above named, on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Kotwali P.S. Case No. 402 of 2009 to the satisfaction of the Chief Judicial Magistrate, Patna, on 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 affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail, (iii) 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 3 liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (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 then his bail will be liable to be cancelled for reasons of misuse and (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. S.A. (Anjana Prakash, J.)