IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35646 of 2009 MD.MUBARAK @ MOWA @ MUBARAK HUSSAIN, SON OF LATE ALTAB HUSSAIN, RESIDENT OF VILLAGE BABHANI RAHIKA, P.S. SADAR PURNEA, DISTRICT PURNEA VERSUS THE STATE OF BIHAR ----------- 4. 21.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 395 and 412 of the Indian Penal Code. It is said that in the first information report the informant described the accused persons as all being of young age whereas petitioner is of 75 years of age. It is stated that petitioner has no criminal antecedents and he is in judicial custody since 25.08.2008. Considering the fact that this is a first offence of the petitioner, this application is allowed. Let petitioner (Md. Mubarak @ Mowa @ Mubarak Hussain) be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri N.K. Tiwari, Judicial Magistrate, Ist Class, Katihar in connection with Balrampur P.S. Case No.27/1999 with conditions as laid down in sub- - 2 - section (3) of section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J. N. Singh, J.)