IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13331 of 2009 MAHENDER RAI @ MAHENDER YADAV Versus STATE OF BIHAR ----------- 3 13.07.2009 Heard both sides. The petitioner seeks bail in a case instituted under sections 395 and 412 of Indian Penal Code. The case was lodged against unknown. The occurrence had taken place on 21.12.2006. learned counsel fairly states that several months thereafter, on 21.10.2007, warrant of arrest was issued against him. He is in custody since 31.1.2009. Referring to paragraph 32 of the case diary, learned counsel for the petitioner submits that he has no criminal antecedent. It is contended with reference to the case diary that except the vague statements that the petitioner might have also participated in the crime, there is no positive evidence to connect him with the offence. Learned A.P.P. appearing on behalf of the state, on perusal of the case diary, does not dispute the aforesaid submission. Having regard to the aforesaid submissions, this court is persuaded to admit him to bail. In the facts and circumstances of the case, let petitioner abovenamed 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 learned Chief Judicial 2 Magistrate, Arrah in connection with Barahara P.S. case no. 278 of 2006 subject to the following conditions: (i) one of the bailers will be own/close family member of the petitioner. (ii) The petitioner shall appear in the court below on all dates fixed either before the learned Magistrate or before the Trial Court. In case of default on two consecutive dates, it shall be open to the court below to cancel his bail bonds and secure his arrest. pkj ( Kishore K. Mandal, J. )