IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22208 of 2009 MD.GONU @ GONU SON OF LATE SULEMAN @ MD. SULEMAN, R/O VILLAGE PANDAUL, P.S. NANPUR, DISTT. SITAMARHI. -------- PETITIONER. Versus STATE OF BIHAR ----------- 4. 17/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that during investigation, it has transpired that the villagers are opposing investigation of the case on the ground that this is altogether a false case lodged by the informant and therefore, they are not cooperating in arrest of the accused persons. It is pointed out that one of accused who is also named in the F.I.R. has been allowed bail by this Court by order dated 2.1.2001 passed in Cr. Misc. Case No. 21806 of 2000. It is submitted that the petitioner did not know that he is named in the F.I.R and made accused in the case. Finally he was taken into custody on 15.1.2009 and since then, he is in judicial custody. It is further submitted that neither the order of the learned Sessions Judge, nor the entire case diary shows that the petitioner has any criminal antecedent. Considering the above facts and circumstances, this application is allowed. Let petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten 2 thousand) with two sureties of the like amount each to the satisfaction of Sri D.M. Tripathi, Judicial Magistrate, 1st Class, Muzaffarpur, in connection with G.R. No. 2692 of 1997, Trial No. 2979 of 2009 arising out of Aurai P.S. Case No. 115 of 1997 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. S.Ali (J.N. Singh, J.)