IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37460 of 2009 MANOJ KUMAR YADAV @ MANOJ YADAV son of Rajendra Yadav, resident of village Kamp (Tola Mahdepura), P.S. Sour-Bazar, District Saharsa… … Petitioner Versus THE STATE OF BIHAR… OPPOSITE PARTY For the Petitioner: Mr. Krishna Pd. Singh, Advocate For the State: Mr. R.B. Roy “Raman”, A.P.P. ----------- 4 14.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under sections 395 and 412 of the Indian Penal Code. It is submitted on behalf of the petitioner that the accused persons were not identified by the informant at the time of actual time of occurrence, however, at the time of fleeing, in the light of coming truck, he could identify 12 persons. It is further submitted that during the course of investigation the sister of the informant has not named the accused persons including this petitioner and subsequently three co-accused persons, namely, Indal Paswan, Suresh Mistri and Ranjit Kumar Sharma, have been acquitted of the charges vide judgment dated 17.01.2009 rendered by the Additional Sessions Judge, FTC-3, Saharsa. It is also submitted that the story of identifying the accused persons 2 could not be established beyond all reasonable doubt, which led to the judgment of acquittal. Learned counsel for the petitioner produces the certified copy of the judgment aforesaid. Let it be kept on the record. The petitioner is stated to be in jail custody since 02.02.2009. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Manoj Kumar Yadav alias Manoj Yadav, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in Saharsa Sadar Police Station Case No. 530/07 with further condition that one of the bailors must be close relative or family member of the petitioner. Further, after his release, if the petitioner would indulge himself in similar kind of offences, the concerned court will be at the liberty to initiate a proceeding for cancellation of his bail bonds. That apart, the petitioner is directed to cooperate in the trial and he is directed to remain present on each and every date, failing which, the court concerned will again be at liberty to take necessary steps for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)