IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30899 of 2009 BARISTER KHAN @ BAIRISTER KHAN SON OF FIROJ KHAN, RESIDENT OF MOHALLA SHEO BAZAR, P.S. BHAGWAN BAZAR, DISTRICT SARAN (CHAPRA) …. PETITIONER Versus STATE OF BIHAR …. O.P ----------- 2. 02.09.2009 It appears that due to some misconception, this application stood dismissed on 28.8.2009 which was noticed when the draft was prepared. Therefore, this case has been brought under the heading “To be mentioned” at the instance of the Court. Taking into consideration the fact that the petitioner is not named in the first information report. Subsequently, one Awadhesh Rai was arrested, who narrated the sequence of events involving the brother of the petitioner, namely, Shamsher Khan @ Doctor and at the instance of Awadhesh Rai, the money was recovered from under the bed, admittedly, that of Shamsher Khan @ Doctor and the implication of the petitioner is merely on the basis of the fact that the petitioner at that point of time was sleeping on the said bed. Under the circumstances, let the petitioner above named, who has no criminal antecedent and is in custody since 3.7.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran (Chapra) in connection with Chapra P.S.case No.153 of 2009, subject to the conditions (i) that 2 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 and (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. Narendra/ ( Anjana Prakash, J. )