IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.42083 OF 2009 AJEET YADAV, SON OF RAM NARESH SINGH, RESIDENT OF VILLAGE UMARCHAK, P.S. DAUDNAGAR, DISTRICT AURANGABAD VERSUS STATE OF BIHAR ----------- 2. 11.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under section 392 of the Indian Penal Code. Petitioner is not named in the first information report. It is said that he has not been put on test identification parade and nothing has been recovered from his possession. It is said that the alleged motor- cycle was recovered from somewhere else. Learned counsel for the petitioner submits that petitioner is accused in three cases from before; one case is under section 307 of the I.P.C.; second case is under the provisions of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act in which case he has been implicated due to village politics and third case is under section 392 of the I.P.C in which he was put on T.I. Parade but he could not be identified. In this case petitioner is in custody since 21.01.2009 and he bas been implicated only on the basis of - 2 - confidential report of the spy. He submits that except for that information received by the police through spy, no material has come during investigation against petitioner to establish his complicity in the crime. Considering the above facts and circumstances, this application is allowed. Let petitioner (Ajeet Yadav) be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No.128/2008 with conditions as laid down in sub-section (3) of section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J. N. Singh, J.)