IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6581 of 2010 HARIHAR CHOUDHARY, Son of Bindeshwari Choudhary, R/o Kukurbhukka, P.S. Goplalganj, District Gopalganj ….. Petitioner Versus THE STATE OF BIHAR …. Opposite Party ----------- For the Petitioner : M/s Y.V.Giri,Sr. Advocate and Vikas Ratan Bharti, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. ------ 3 15.04.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 364A and 120 of the Indian Penal Code. It is submitted on behalf of the petitioner that he is not named in the first informant and he has been implicated in this case only on his self incriminating confessional statement allegedly recorded by the police. Learned counsel submitted that it is alleged that the petitioner had talked on the mobile phone with co-accused Ranjan Yadav and Munna Yadav who have also allegedly named this petitioner in their confessional statement. It is submitted that there is no direct or indirect material against this petitioner. It is further submitted that the petitioner is in custody since 8.11.2009 and is having clean antecedent. Learned counsel submits that one - 2 - of the co-accused, namely, Dewanti Devi, has been granted bail by a Bench of this Court vide order dated 15.2.2010 passed in Cr. Misc. No. 3822 of 2010. In the facts and the circumstances of the case, the petitioner, HARIHAR CHOUDHARY, 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, Gopalganj in connection with Gopalganj P.S. Case No. 248 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. Further the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)