IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24321 of 2010 UPENDRA PRASAD Versus STATE OF BIHAR ----------- 02. 22.07.2010 Petitioner is languishing in jail since 16.12.2009 in connection with a case registered under Sections 392 of the I.P.C. though chargesheet has been submitted under Section 395 of the I.P.C. It is alleged that one nokia mobile and Rs. 5000/- of the informant was snatched at the point of pistol. Petitioner’s name surfaced in the confession of one Birendra Paswan who has been granted bail vide Cr. Misc. No. 14172 of 2010 and consequently from the petitioner’s house a pistol and the cartridges were recovered for which another case under Arms Act was registered against the petitioner. It is submitted by learned counsel for the petitioner that till date petitioner has not been put on T.I. parade nor any recovery has been made with regard to the alleged articles. Considering the fact that petitioner’s name sprang up on the confession, there is no recovery from the petitioner and till date no T.I.P. has been held, let the petitioner namely Upendra Prasad be released on bail on furnishing bail bond of Rs. 10,000/-(ten 2 thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Gurua P.S. Case No. 78 of 2009 on the conditions that (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner The bailor will undertake to furnish information to the court about any change in the address of the petitioner (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Shageer ( Dinesh Kumar Singh, J.)