IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38386 of 2009 PAWAN YADAV son of Yugeshwar Yadav resident of Village Rohiyar, P.S. Mansi, Dist. Khagaria …..Petitiner. Versus STATE OF BIHAR ----------- 2 11.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner is an accused in Khagaria (Mansi) Rail P.S. case No. 20/2008 for the offences punishable under sections 395, 379 of the Indian Penal Code. This is a case of rail daocity and the allegation against the petitioner and others is of looting the train passengers. Learned counsel appearing on behalf of the petitioner submits that neither the petitioner has been named in the first information report nor any incriminating article has been recovered from him nor he has been put on T.I.P. and his name has come by reason of confessional statement made by a co-accused Pandav Yadav who has already been granted bail by the court below. Further submission is that co-accused persons in the present case namely Rana Yadav, , Sintu Yadav , Sogarath Yadav, Uday Yadav, Bankar Yadav, pawan Yadav, , Bengo Sah, Pappu Yadav, Rabindra Sah, Gulab Yadav have been granted bail by this Court, the details of which have been mentioned in paragraphs 19 to 27 of the bail application. He further submits that the petitioner is in custody since 8.4.2009. Considering the circumstances set forth, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Railway Judicial Magistrate, Khagaria in connection with Khagaria (Mansi) - 2 - Rail P.S. case No. 20 of 2008, subject top the condition that one of the bailors would be his father or any other close relative and further that the petitioner would attend the trial of the case on each and every date and failure on the part of the petitioner to attend the trial on the two consecutive dates without reasonable explanation to the satisfaction of the trial court would grant liberty to the trial court to initiate a proceeding for cancellation of his bail bond and take him into custody. (Jyoti Saran, J) M.Rahman