IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18501 of 2010 PREMCHAND KUMAR @ SUNIL RAM SON OF LATE MUKHO RAM, RESIDENT OF VILLAGE ITHORI, P.S. ALIPUR, DISTRICT GAYA.—PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- 4/ 04-08-2010 Heard the parties. In a criminal prosecution registered under sections 384, 385, 435/34 and some other allied offences under the Indian Penal Code as also under section 17 of the Criminal Law Amendment Act, the petitioner is not named in the F.I.R. as an accused. During the course of investigation on the basis of certain information given by the police spy, the petitioner was apprehended by the police. Where-after he is alleged to have confessed his guilt before the police. It is submitted that aforesaid confession made before the police is not admissible in the eye of law and there is no other tangible material to connect him with the crime in question. The petitioner is stated to be in judicial custody since 14.03.2010. In the aforesaid facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Konch P.S. Case No. 8 of 2010, subject to conditions that : (A) one of the bailors must be government 2 servant or close family members of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner, (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 . BTiwary ( Birendra Prasad Verma, J)