IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45437 of 2010 SURAJ PRASAD SON OF LATE BISHWANATH PRASAD Versus THE STATE OF BIHAR ----------- 2. 17.3.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.406, 420 of the Indian Penal Code. It has been submitted that the petitioner has been implicated in the present case only on the basis of suspicion and there is no cogent material in support of misappropriation of the goods loaded on the truck of which the petitioner was a driver. Considering the same as also that the petitioner is in custody since 7.10.2010 and has fair antecedents, 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 or any other surety to be fixed by the court concerned to the satisfaction of A.C.J.M., Patna City, Patna in Agam Kuan P.S. case No.216 of 2010, subject to the conditions (i) That one of the bailor shall be the mother of the petitioner and the other bailor shall be local since the petitioner belongs to Saran district. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case - 2 - 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 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )