IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28653 of 2009 BASIR MIAN s/o Anwar Mian resident of village Harpur P. S. Mairwa, Dist. Siwan …. Petitioner. Versus STATE OF BIHAR ----------- 3. 24.11.2009. Heard counsel for the petitioner and counsel for the State. The petitioner who is facing prosecution for offence under Section 392/411 of the Indian Penal Code with a direct allegation of being apprehended at the spot with the fateful motor-cycle probably would not have been entitled for bail at this stage on account of his period of custody being little more than four months only, but then as two other co-accused Chandan Kumar and Shakil Mian having graver allegation have already been directed to be released on bail, this court would be persuaded by the submission of Mr. Ashok Kumar Chaudhary, learned counsel for the petitioner that the petitioner having no criminal antecedent and a regular student of Intermediate Course was roped in this case only on suspicion. That being so this court would direct for release of the petitioner on bail on the following conditions:- 2 (i) Court below will verify the criminal antecedent of the petitioner and if it is found that he has absolutely clear criminal antecedent, then alone he would be released on bail. (ii) The oral submission of learned counsel for the petitioner that the petitioner is a regular student of intermediate course will again be verified by the court below from the contemporaneous record of the institution and only when it is found that the petitioner was a regular student of intermediate course in any institution, he will be released on bail. (iii) One of the bailors must be either of the parents of the petitioner. (iv) The petitioner will remain present in course of trial and his absence on two consecutive dates shall make him liable for cancellation of his bail. Subject to fulfilment of the 3 aforementioned conditions, the petitioner namely Basir Mian is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Mairwa P. S. Case No. 03 of 2009. kanchan (Mihir Kumar Jha, J.)