IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7530 of 2010 MD.AZAM KHAN @ AZAM KHAN SON OF GAZANFER KHAN, RESIDENT OF MOHALLA KAGHZI MOHALLA, P.S. BIHARSHARIF, DISTRICT NALANDA. Versus STATE OF BIHAR ----------- For the petitioner : Md. Khurshid Alam, Adv. For the State: Mrs. Vina Kumari Jaishwal, A.P.P. -------- 2/ 18.03.2010 Heard learned counsel for the petitioner and the learned Addl. P.P. for the State. Petitioner apprehends his arrest in a case instituted under sections 379 and 411 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that he is not named in the F.I.R. In the F.I.R. some other persons have been named as accused. It is also submitted that there is no recovery of any incriminating article much less stolen bicycle in question. According to the learned counsel for the petitioner, the only material against the petitioner is that he has been named by co- accused Md. Samsad @ Sonu in his alleged confessional statement recorded by the police. It is further submitted that the petitioner is not involved in any other case. Learned counsel for the State has not disputed the aforesaid position. Be that as it may, in the facts and circumstances of the case, let the petitioner above named, - 2 - in the event of his arrest or surrender in the court below within four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Nalanda at Biharsharif in connection with Laheri P.S. Case No. 102 of 2008, subject to the condition as laid down under section 438(2) of the Cr.P.C. with further conditions (a) that one of the bailors must be government servant or close family members of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioners, (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned . ( Birendra Prasad Verma, J ) BTiwary/