IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36258 of 2010 MD.SHAMIM son of Mustafa, resident of village- Pathraha, P.S.-Ghurna, Dist.-Araria Versus THE STATE OF BIHAR ----------- 5. 2.2.2011. Heard, Mr. Ramesh Kumar Singh, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner, who is in custody in connection with Jogbani P.S.Case No.43 of 2009 for the offence under section 392 of the Indian Penal Code, has prayed for grant of bail. The petitioner’s name in this case has surfaced on the basis of confession of co-accused, Md.Tabrez. On disclosure made by co-accused, Md.Tabreza, looted motorcycle was recovered. Learned counsel for the petitioner submits that Md.Tabrez has been extended privilege of bail by this court on 27.10.2010 vide Cr.Misc. No.30694 of 2010. Since co-accused, on whose confession the petitioner was made accused, has already been directed to be released on bail , there is no reason to deny the privilege of bail to the petitioner. Let the petitioner, above named, 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, Ararai in connection with Jagbani P.S.Case No.43 of 2009 with a condition that if at subsequent stage the petitioner is made accused in the same type of offence, his bail bond in the present case shall stand automatically cancelled. Md.S. ( Rakesh Kumar, J.) 2