IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43191 of 2009 AJAY KUMAR RAI, S/o Tap Lal Rai. Versus THE STATE OF BIHAR ----------- 05. 17.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 467, 468, 469, 471, 414, 420 and 120B of the Indian Penal Code. The petitioner while sitting on the driving seat of a Safari NL-05W 2312 was arrested since he could not show any papers with regard to the said vehicle. He disclosed that the papers are with one Brij Nath Srivastava who would be found near Pal Hotel. Thereafter the police raided the said location and arrested two persons sitting on bolero jeep bearing No. UP-53AJ 8354. They also disclosed that the papers are with Brij Nath Srivastava thereafter the said Brij Nath Srivastava was arrested while sitting in a silver bolero bearing No. JH-09F 6276. He confessed that all the three vehicles were stolen and he used to do business of sale and purchase of stolen vehicles by changing their numbers. The case diary - 2 - has been called for from which apart from the fact that the petitioner was the driver of the alleged stolen vehicle there is no further material that he was involved in dealing with stolen vehicles. Under the circumstances, let the petitioner above named who is in custody since 14.09.2009 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 Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 351 of 2009 subject to the following 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 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 liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will give an - 3 - 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 Magistrate concerned before releasing the petitioner on bail will verify the fact that the petitioner is not accused in any other case by calling for a report from the S.P. Siwan as well as S.S.P. Patna. Vikash/- (Anjana Prakash, J.)