IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37453 of 2008 MD.GULARI Versus THE STATE OF BIHAR ----------- 3. 07.01.2009 Heard Sri Tilak Sao, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The case has been registered under Section 394 of the IPC against three unknown accused. Subsequently, some persons in the village claimed to have identified the present petitioner and another as the culprits as appears from the case diary. The contention is that the accused persons in case of being identified by the villagers, it was expected that the names of the accused persons ought to have given in the FIR. The further contention is that if the informant was not identified the petitioner then also it was incumbent that the petitioner ought to have been put on TIP. Regard being had to the facts and the contentions, let petitioner Md. Gulari be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.K.P. Bharti, Judicial Magistrate, Ist Class, Patna City in - 2 - connection with Khajekallan P.S. Case No. 41 of 2004 subject to following conditions:- (i) That he shall report to the police station, i.e., Khajekallan once in a month preferably during the last week of month and the appearance shall be recorded in the station diary entry. (ii) If the petitioner is reported to have committed any offence of as serious a proportion as the present one and the court being satisfied about it, it could be competent for the court below to assume that this order had not been passed by this court and as such it could cancel the bond for committing the petitioner to custody. DKS/ (Dharnidhar Jha, J.)