IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40116 of 2010 CHUNNU GUPTA @ JAGGU GUPTA @ Jaggu Gupta son of Dayanand Gupta, resident of village-Mamarejpur, Police Station Desari, District-Vaishali, at present resident of Basarthpur, Police Station-Sahpur, District-Gorakhpur (Utter Pradesh) Versus STATE OF BIHAR ----------- 2 8.11.2010 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is in custody in connection with Sessions Trial No. 35 of 2010 arising out of Rail Police Station Narkatiaganj Case No.11 of 2010 for the offence punishable under Sections 328, 307, 379, 411/34 of the Indian Penal Code and Sections 8/22 of the N.D.P.S. Act Learned counsel for the petitioner submits that even in absence of any recovery of any stolen material from the conscious possession of the petitioner, he has been simply roped in the present case on the basis of recovery of 12 Ativan tablets and a blade. He further submits that in similar circumstances co-accused Manboth Ram, Lal Bihari Bind and Munna Sahni have been granted bail by a Bench of this Court in Cr.Misc. No. 16151 of 2010 disposed of on 17.05.2010, Cr.Misc.No.27283 of 2010 disposed of on 12.08.2010 and 32421 of 2010 disposed of on - 2 - 20.09.2010 respectively. Taking into consideration the circumstances and the submissions of the learned counsel, let the petitioner Chunnu Gupta @ Jaggu Gupta 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 of the 4th Additional Sessions Judge, Bettiah, District-West Champran in connection with Sessions Trial No.35 of 2010 arising out of Rail P.S. Narkatiaganj Case No. 11 of 2010 subject to the condition that a close relative of the petitioner shall stand as one of the bailor and who shall file an affidavit indicating his genealogy with the present petitioner and who shall also be under a duty to inform the Court below in case this petitioner after his release in the present case is named or is found involved in any further case of similar nature and whereupon the Court below shall cancel the bail bond of the petitioner and take him into custody on grounds of misuse. Bibhash (Jyoti Saran, J.)