IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18789 of 2010 HARINATH PASWAN @ HORIYA, son of Yugeshwar Paswan, resident of village-Pusa Bharoan, P.S.-Pusa, District-Samastipur Versus STATE OF BIHAR ----------- 3 21.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in connection with Musrighari P.S. Case No.99 of 2009 for offence punishable under Section 392 of the Indian Penal Code. The F.I.R. is against unknown and the allegation against the petitioner and others is of looting of a motorcycle of the informant while he was returning to his village. Learned counsel for the petitioner submits that the petitioner was taken into custody in connection with Tajpur(Pusa)P.S. Case No.428 of 2009. While in custody he was remanded in the present case said to be on the basis of the confessional statement made by him before the police. Learned counsel submits that in a similar manner the petitioner has also been remanded in three other cases while he was in custody. Learned counsel submits that except 2 the so called confessional statement, there is no material against the petitioner. He submits that neither there has been any recovery from the petitioner nor he has been put on T.I. Parade by the police. It is submitted that the petitioner is in custody since 24.12.2009. Having regard to the submissions aforesaid, let the petitioner namely, Harinath Paswan @ Horiya be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Musrigharari P.S. Case No. 99 of 2009 subject to the following conditions:- (1) The father of the petitioner would stand as a bailor and who shall be under a duty to inform the Court below in case the petitioner is named or involved in any further criminal case and in which event, the Court concerned would be at liberty to initiate proceeding for cancellation of his bail bond and for taking him into custody. (2) The petitioner would accept the police papers without causing any delay and 3 would also attend the Court below on each and every date fixed and failure on his part to attend the Court on two consecutive dates fixed, without reasonable explanation to the satisfaction of the Court below would confer liberty to the Court concerned to initiate proceeding for cancellation of his bail bond and for taking him into custody. Bibhash ( Jyoti Saran, J.)