IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20240 of 2010 SANJAY KUMAR Son of Late Sheo Narain Poddar, Resident of Village Daulatpur, P.S. Warisnagar, Distt. Samistipur ……….. Petitioner Versus THE STATE OF BIHAR …. O.P. ---------------- 2 15.06.2010 Heard the Parties. In a criminal prosecution for offences under Sections 328, 401 and 414 of the Indian Penal code, the petitioner, co-accused Rajesh Kumar Rai and three other persons are specifically named in the FIR as accused. According to FIR vide Annexure-1, the informant got a secret information that some of the miscreants have assembled at Patna Junction for committing loot after administering some intoxicants. On raid conducted by the police co-accused Rajesh Kumar Rai was arrested and some intoxicants were allegedly recovered from his possession. He has also disclosed the name of the petitioner and few others as his accomplice and thereafter the petitioner was also apprehended by the police. It is submitted by learned counsel for the petitioner that as a matter of fact no crime was committed pursuant to assemblage of the criminals at Patna Junction Railway Platform and only preparations were being made for committing the crime by the miscreants. It is also submitted that co-accused Rajesh Kumar Rai, who allegedly disclosed the name of the petitioner as his accomplice has already been granted bail by a Bench of this court by an order dated 09.02.2010 passed in Cr. Misc. No. 3272 of 2010 vide Annexure-3. The petitioner is stated to be in judicial custody since 15.9.2009 and therefore, according to the learned counsel for the petitioner the case of the petitioner is on better footing than that of co-accused Rajesh Kumar Rai - 2 - on the ground that he has remained far longer period in judicial custody. In the aforesaid facts and circumstances of the case, above named petitioner shall be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Railway Judicial Magistrate, 1st Class, Patna, in connection with Patna Junction G.R.P.S. Case No. 293 of 2009, subject to conditions : (a) That one of the bailors must be Govt. Servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (c) The petitioner shall make regular parvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make parvi, then the court below shall be at liberty to cancel the bail bound of the petitioner. ( Birendra Prasad Verma, J. ) M.Rahman