IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25743 of 2010 1. KAUSHAL YADAV, S/o Anil Yadav @ Shambhu Yadav. 2. Dilip Yadav, S/o Dharni Yadav. Versus THE STATE OF BIHAR ----------- 02. 02.08.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 414 of the Indian Penal Code. The prosecution case is that when the house of the petitioner No. 1 was searched on suspicion two motor-cycles allegedly stolen were recovered but it has been submitted that one of the motor-cycles belong to the petitioner No. 1 and there is no parent case of theft with regard to the second motor-cycle. The further submission is that the petitioners are in custody since 12.01.2010 and the petitioners’ father/brother undertakes responsibility for the petitioners’ conduct after their release from jail custody. In view of such, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of 2 the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Simri Bakhtiyarpur P.S. Case No. 326 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other bailor shall be the father/brother of the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioners will be well represented on each date and if they fail to do so on 3 two consecutive dates, their bail will be liable to be cancelled. In view of the antecedents of the petitioners, the petitioners are directed to appear before the Supdt. of Police, Saharsa within fifteen days of their release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioners will be kept under watch in this period by the S.P. concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. Vikash/- (Anjana Prakash, J.)