IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34921 of 2009 Satish Kumar Alias Nanhaki, Son of Bagya Narayan Singh, Resident of Basudev Bishunpur, Police Station Runni-Saidpur, District Sitamarhi. -------- Petitioner Versus The State of Bihar ------- Opp. Party ----------- 2 9.10.2009 Heard counsel for the petitioner and counsel for the State. The prayer for bail of the petitioner was earlier not allowed by this Court by an order dated 15.4.2009, wherein the petitioner was given liberty to file a criminal writ petition. The petitioner’s criminal writ application (Cr.W.J.C. No. 676 of 2009) was also dismissed by an order dated 31.8.2009 wherein the petitioner was given liberty to renew his prayer for bail. Before this Court, the petitioner from whose conscious possession one motorcycle is said to have recovered as per the seizure list (Annexure-3), it is submitted that the petitioner has remained in custody for a period of nearly one and a half year, his date of custody being 28.4.2008. Counsel for the petitioner in this context also relies on an order of this Court dated 16.9.2009 granting 2 bail to the co-accused, namely, Akhilesh Sahni and Shekhar Kumar in Cr. Misc. No. 22307 of 2009 and Cr. Misc. No. 27893 of 2009 who also had remained in custody for nearly one and a half year and from whose possession also there was a recovery of a motorcycle. Finally, counsel for the petitioner submits that the petitioner had no criminal antecedent till 28.4.2008 i.e. before being made accused in this case. Considering the aforementioned aspects specially taking into account such statement about the criminal antecedent of the petitioner, this Court would direct for release of the petitioner, namely, Satish Kumar alias Nanhaki on bail on or after 28.10.2009 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 169 of 2008, subject to the condition of not only verification of the criminal antecedent of a period prior to 28.4.2008 as also that the petitioner shall remain present in course of trial on each and 3 every date and even absence of one date shall entail consequence of cancellation of his bail. Rsh (Mihir Kumar Jha, J.)