IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40957 of 2009 MAYANAND YADAV @ NEPALI Versus STATE OF BIHAR ----------- 2 27.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Raniganj P.S. Case No.139 of 2008 corresponding to G.R. No. 1392 of 2008 for the offences punishable under Sections 392 and 412 of the Indian Penal Code Substance of allegation as set out in the F.I.R. is that some accused persons entered the bank and looted away a sum of Rs. 10,46,700/- and mobile phone from the Gramin Bank Branch, Gidwas. It is alleged that a sum of Rs. 5000/- was recovered from this petitioner. Learned counsel appearing on behalf of the petitioner submits that the petitioner was not named in the F.I.R. rather in course of investigation he has been roped in the present case. Learned counsel submits that it is nowhere stated that the so called recovery of Rs. 5000/- is out of that looted money. He has further submitted 2 that two co-accused namely Amod Yadav & Vikash Yadav against whom similar allegations have been set out, have been granted bail by this Court in Cr.Misc. No. 172 of 2009 and in Cr.Misc. No. 10123 of 2009 respectively. Learned counsel thus submits that the case of the petitioner is on same and similar footing. Having regard to the facts and circumstances of the case, let the petitioner, Mayanand Yadav @ Nepali, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Raniganj P.S. Case No.139 of 2008 corresponding to G.R. No. 1392 of 2008 subject to the condition that the petitioner would be attending the court below on each and every date fixed and failure on his part to attend the court on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below would grant liberty to the court below to initiate proceeding for cancellation of his bail bond and for taking him into custody. Bibhash (Jyoti Saran, J. )