IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25333 of 2008 MANTU PASWAN Versus STATE OF BIHAR ----------- 3. 2.9.2008 Heard. The petitioner is not named in the F.I.R. of a case under section 392 of the Indian Penal Code and is in custody. A witness has stated after institution of the F.I.R. that he could identify the petitioner but out of fear of the petitioner as also because that he was a service holder he could not muster sufficient courage to name the factum of identification. Besides the prosecution relies upon confessional statement of the petitioner leading to the recovery of the airbag. When one compares the contents of the airbag as per details in column-4 of the seizure memo of the statement of the F.I.R., one could simply find that there was no details given by the informant of its content. The contention is that belated disclosure of the identification and non-disclosure of the contents of the airbag appear making the evidence of the both the witnesses doubtful. Be that as it may and considering the facts and circumstances of the case, the contention and value of the recoveries and the statement, let petitioner named above be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Laheri P.S. case no.218 of 2007 (G.R. no.2805 of 2007) subject to - 2 - the following conditions :- 1) Petitioner shall report to the police concerned every fortnight and that attendance of the petitioner shall be recorded in the general diary and any breach of the above condition shall be sufficient to the police to make report under which the Chief Judicial Magistrate, Nalanda, shall take appropriate action even canceling his bail bond. 2) A report against the petitioner of having indulged in similar offence with satisfactory material placed before the lower court should also be sufficient in causing the petitioner to remand to the custody after canceling his bond. sudip ( Dharnidhar Jha,J )