IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12492 of 2010 MD.SHOAIB @ SOAIB, SON OF MD. HASHIM Versus THE STATE OF BIHAR with Cr.Misc. No.14393 of 2010 VICKY @ VIVEK GUPTA, SON OF BIMAL PD. GUPTA Versus STATE OF BIHAR ----------- 2. 22/04/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 414, 471 and 120B of the Indian Penal Code. The prosecution case is that the police received information that a stolen Motorcycle had been parked in the house of Vicky @ Vivek Gupta upon which he proceeded there and on enquiry he was told that he had purchased the same from one Shaukat who happens to be the brother-in-law of petitioner Md. Shoeb. However, when a deeper enquiry was done into the matter, it was found that the motorcycle original belonged to one Yogendra Kumar, and, therefore, it was alleged that the motorcycle was being run as a fake number on forged papers. The submission on behalf of the petitioner Vicky @ Vivek Gupta is that he was a bona fide purchaser of the motorcycle and no offence whatsoever is made against him whereas petitioner Md. Shoeb submits that he was nowhere in the transaction and, therefore, is languishing in jail without there - 2 - being any substance against him. In view of the above and also that the petitioners have no criminal antecedents, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City, in Chowk (City) P.S. Case No. 34 of 2010 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. The bailor will undertake to furnish information to the court about any change in address of the petitioners. (ii)That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail. (iii)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. (iv)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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. S.Ali (Anjana Prakash, J.)