IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20233 of 2010 SUNIL KUMAR JHA @ CHHOTU JHA @ SUNIL JHA Versus THE STATE OF BIHAR ----------- 2 15.06.2010 Heard the Parties. In a Criminal Prosecution for offences under Sections 457 and 380 of the Indian Penal Code, the petitioner is not named in the FIR as an accused It is submitted by learned counsel for the petitioner that there is no recovery of any incriminating article much less the stolen motor cycle either from the house or possession of the petitioner and he has not been put on T.I.P. till date and, therefore, there is no legal material to connect him with the offence in question. It is further submitted that in the first confessional statement of co-accused Satyanarain Tiwari recorded by the police, the petitioner has not been named as an accused. However, he has named one Pappu Mandal as his accomplice. Subsequently aforesaid Pappu Mandal was arrested and his confessional statement was recorded by the police and there the name of petitioner has transpired as an accused. The Petitioner is stated to be in judicial custody since 10.4.2010. In the aforesaid facts and circumstances, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M., Araria in connection with Araria P.S. case No. 97/2010, subject to the conditions. (a) That one of the bailors must be govt. servant or close family member of the petitioner who will file an affidavit in the court below showing - 2 - his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. ( Birendra Prasad Verma, J. ) M.Rahman