IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5356 of 2010 SUNIL KUMAR,son of Nepali Das Versus STATE OF BIHAR ----------- 02/ 23-02-2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 379/411 of the Indian Penal Code. Petitioner is not named in the FIR but implicated subsequently when co-accused Gorelal confessed that he had sold the Motor cycle to the present petitioner and pursuant to the statement the Motor cycle was recovered from possession of the father of the present petitioner. It has been submitted that the petitioner was an accused earlier in a case under Section 414 of the Penal Code but he has been acquitted of the charge and there is no other case of similar nature. Taking into consideration, let the above named petitioner, who is in custody since 16-09-2009, be released on bail on furnishing bail bond of Rs.5,000/-(rupees five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate Bhagalpur in connection with Kotwali (Adampur) P.S.Case No.147 of 2004, subject to the conditions (a) 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, (c) 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 and (d) 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. The Magistrate before releasing the petitioner on bail will verify the fact that there is no other case of similar nature against him. AH/ ( Anjana Prakash, J. )