IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24830 of 2010 GHOSI YADAV, SON OF RAMASHISH YADAV Versus STATE OF BIHAR ----------- 05 11.01.2011 Heard learned counsel for the petitioner as well as learned Additional P.P. for the State. Petitioner is languishing in jail custody since 24.02.2010 in connection with Barh (Athmalgola) P.S. Case No. 259 of 1999 registered under Sections 364(A)/34 of the Indian Penal Code and subsequently 120(B) of the Indian Penal Code was added. Petitioner is not named in the First Information Report nor in the statement of victim recorded under Section 164 of the Cr.P.C. Learned Additional Public Prosecutor submits that the name of the petitioner transpired in Para 150 of the case diary in which the supervision note of Dy.S.P. has been incorporated by the Investigating Officer. It appears from perusal of the impugned order that the prayer of bail of the petitioner has been rejected by learned court below only on the ground that petitioner has long trail of cases of similar nature, but Superintendent of Police, Barh, Patna has reported that only one case that is Athmalgola P.S. Case No. 45 of 2009 registered under Section 395, 397 and 412 of the Indian Penal Code has been instituted against the petitioner. Considering the aforesaid circumstances as well as submissions of the parties, above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction 2 of Additional Chief Judicial Magistrate, Barh, Patna in connection with above stated Barh (Athmalgola) P.S. Case No. 259 of 1999 subject to condition that one of the sureties must be close relative of the petitioner. Shahzad (Hemant Kumar Srivastava, J)