IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6840 of 2010 KAMARUDDIN @ KAMARUDDIN ANSARI Versus STATE OF BIHAR -----a---- 2 26.2.2010 Heard Mr.Arun Kumar Arun, learned counsel for the petitioner and Mr.A.Haque, Addl.P.P. for the State. Petitioner is an accused in a case which was originally instituted under section 394 of the I.P.C. but subsequently it was corrected to be under sections 452,307,34 ,120 (B) of the I.P.C. by order dated 21.7.2009. It is submitted by the learned counsel for the petitioner that according to the prosecution case three unknown miscreants entered into the room of the informant for committing robbery but no article was looted by the miscreants. It is also submitted that the prosecution is not sure as to whether it was a case of robbery or a case is punishable under section 307 of the I.P.C. It is further submitted that on suspicion the petitioner was apprehended by the police and by showing to the informant, he was named in the present case with some ulterior motive. It is also stated that the petitioner is in jail since 16.7.2009. Learned counsel for the petitioner has drawn my attention to the order dated 7.12.2009 passed in Cr.Misc.37712/09 whereby co-accused, Md. Rashid had been granted bail by a bench of this Court. Learned Additional Public Prosecutor has not disputed this position. 2 Be that as it may in the facts and circumstances of the case, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of J.M. Ist Class, Nawada, in Nawada Town P.S. Case No.260/09 provided one of the bailers must be either family members or a government servant and further in future if it is found that the petitioner is involved in similar type of case, then it shall be open for the prosecution/informant to file a petition for cancellation of bail of the petitioner, and if such petition is filed, it shall be disposed of in accordance with law. AnilKr.Sinha (Birendra Prasad Verma, J.)