IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2321 of 2010 PAPPU KUMAR, S/o Din Dayal Singh. Versus THE STATE OF BIHAR ----------- 03. 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. Some persons were arrested on suspicion while sitting on Tata Safari bearing No. NL 05W-2312 and bolero jeep bearing No. UP-53AJ 8354 that they were stolen vehicles. On their disclosure the informant arrested co-accused, Brij Nath Srivastava and petitioner while sitting in a bolero jeep bearing No. JH-09F 6276. Co-accused Brijnath Srivastava disclosed that he himself was dealing with stolen vehicles after changing the numbers. It has been asserted that the petitioner was merely an occupant of the allegedly stolen vehicle and is not a dealer of stolen vehicles and has no criminal antecedent. Under the circumstances, let the petitioner above - 2 - named who is in custody since 15.09.2009 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 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 - 3 - 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.)