IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20690 of 2010 MITHILESH YADAV @ BABA son of Ramashish Yadav R/O villageGanj Bajitpur, P.S. Bahadurpur,Dist. Darbhanga ……petitioner. Versus STATE OF BIHAR O.P. ----------- For the petitioner Mr. A.K. Thakur, Advocate. For the State. Mr. R.B.S. Pahepuri, A.P.P. ---------------- 2 17.6.2010 Heard the parties. In a criminal prosecution for offences under sections 457 and 380 of the Indian penal Code, the petitioner is not named in the FIR vide Annexure-1 as an accused. Unknown thieves are said to have committed theft in the house of the informant. It is submitted that there has been no recovery of any incriminating article either from the house or from the possession of the petitioner. He has not been put on T.I.P. till date. On suspicion petitioner was arrested by the police and subsequently he is alleged to have made confession of his guilt before the police, but that has not led to recovery of any incriminating article. The petitioner is stated to be in judicial custody since 11.12.2009. In the aforesaid facts and circumstances, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction J.M. Ist class, Darbhagna in connection with Bahadurpur P.S. Case No. 373 of 2009, subject to the conditions: (a) That one of the bailors must be Govt. servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. - 2 - (b) If the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. ( Birendra Prasad Verma, J. ) M.Rahman