IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30385 of 2009 SALIM SAI Son of Late Jamil Sai, Resident of Village- Kurwan, P.S.- Basharia, District- Siwan ------------Petitioner Versus STATE OF BIHAR ----------------Opposite Party ----------- 2. 21.8.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 392 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report nor has been identified in the Test Identification Parade nor any articles were recovered from the possession of the petitioner, let the petitioner above named who is in custody since 7.2.2009 be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No. 46/2005, Trial No. 2294 of 2009 on condition that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. It has been submitted that the petitioner is an - 2 - accused only in two other cases i.e., Mirganj P.S. Case No. 259/04 and Pachrukhi P.S. Case No. 104/04 i.e. of the years 2004 and not subsequent to those, so the Magistrate will call for a report on this and satisfy himself and in case it is found incorrect, the petitioner will not be released on bail. Inimical P. Kumar (Anjana Prakash, J.)