IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40374 of 2009 MAHESH MANDAL, SON OF LATE CHHEDI MANDAL, RESIDENT OF VILLAGE-BAULIA, P.S. MANIHARI, DISTRICT-KATIHAR………………………………..PETITIONER. Versus THE STATE OF BIHAR………………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Raghvendra Kumar Singh, Advocate. For the State : Mr. Ramesh Chandra, A.P.P. -------- 2. 24.11.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Section 394 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the F.I.R. is against unknown. It has also been submitted that the petitioner was well known to the informant but the informant has not named the petitioner in the First Information Report. It is stated that after the arrest of the petitioner in this case, the informant was again examined under Section 164 Cr.P.C. in which he had stated that he had seen the petitioner at the time of the occurrence. Such allegation has been levelled upon the petitioner to make out a case against the petitioner, 2 which is obviously an after thought. Learned A.P.P. for the State submitted that though the petitioner has not been named in the F.I.R. but he has been named by the informant in his statement recorded under Section 164 Cr.P.C. Having regard to the facts and the circumstances of the case, the petitioner, Mahesh Mandal, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Manihari P.S. Case No.119/09, with a further condition that the one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his relationship with the petitioner. It is also made clear that if the petitioner , after his release, is again found involved in criminal case of similar nature, the court concerned will be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan, J)