IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26839 of 2009 BINOD SAHNI Versus STATE OF BIHAR ----------- 3. 16.09.2009 Heard counsel for the parties. The petitioner has approached this Court seeking bail in a case instituted under section 395 IPC. It is alleged that when the informant was at his shop, three unknown persons arrived there and at gun point the cash amount was looted. While fleeing away, they also took away the motor- cycle. It is contended that the name of the petitioner has surfaced through the statement of some of the police personnels. The petitioner is in custody since 15.3.2008. Referring to Annexure-2 and 2/A, it is contended that the informant and other witness Sukeshwar have not identified the petitioner in course of their respective depositions. It is thus contended that there is absolutely no material against the petitioner. Learned counsel for the State pointed out that the trial is already underway. Considering all aspects of the matter, this Court is persuaded to admit the petitioner to bail. Let the petitioner abovenamed be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Shri Shaileshwar Singh 2nd Addl. - 2 - Sessions Judge, Muzaffarpur in S.T.No.235/2008 subject to the condition that one of the bailors shall be his own/close family member. The petitioner shall continue to appear in person on the date fixed in the trial. In case of default in such appearance on two consecutive dates, the trial court shall be at liberty to cancel his bail bonds and secure his arrest in accordance with law. hr ( Kishore K. Mandal )