IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41691 of 2009 RAJESH SAH, SON OF SHIV SAH, RESIDENT OF VILLAGE- BRINDABAN, P.S. KALYANPUR, DISTRICT-EAST CHAMPARAN……………………………………..PETITIONER. Versus THE STATE OF BIHAR………………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. S.N.P. Sinha, Senior Advocate. For the State : Mr. Uma Shankar Prasad Singh, A.P.P. ------------ 6. 30.3.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner is neither named in the First Information Report nor has he been put to any T.I. Parade though he is in custody since 3.7.2009. It has also been submitted that no incriminating article has been recovered from the possession of the petitioner. Learned counsel for the petitioner further submits that the name of the petitioner has surfaced on the alleged self incriminating confessional statement of the co- accused, Sudharshan Ram, recorded before the police which 2 has got no evidentiary value. It is also contended that the co- accused, Chandan Kumar Sah, had already been granted bail by a Bench of this Court vide Annexure-‘2’ to the application, while two other co-accused, namely, Ranjeet Sah and Ravi Kumar Sah alias Ravindra Prasad alias Ravi Sah, had been granted bail by a Bench of this Court vide order dated 26.2.2010 passed in Criminal Misc. Nos.5969 of 2010 and 5989 of 2010 respectively. Learned counsel for the petitioner produces the certified copy of the aforesaid order. Let it be kept on record. Lastly, it is submitted that the petitioner was also involved in Kalyanpur P.S. Case No.74 of 2007 registered under Sections 302 and 201/34 of the Indian Penal Code but in that case he had already been granted bail by a Bench of this Court as he had been made accused only on the basis of suspicion. Having regard to the facts and the circumstances of the case, the petitioner, Rajesh Sah, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, (Railway), Bettiah, in connection with Sugauli (Motihari) G.R.P. Case No.26 of 2009, with a further condition that one of the bailors 3 of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, after his release in this case, if the petitioner is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan, J)