IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23564 of 2009 MD.HASIM Son of Late Latif resident of village Kohbra, P.S. Jalalgarh, District Purnea. Versus STATE OF BIHAR ----------- 4 26/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for the offence under sections 395/397 of the Indian Penal Code, though not named in the First Information Report but his complicity has emerged in course of investigation in the form of suspicion on the ground that he was seen around at the place of occurrence a day earlier to the occurrence. Mr Bikramdeo Singh, learned counsel for the petitioner would submit that if such suspicion is ignored the only material which would remain against the petitioner is his own confession and considering the fact that the petitioner had one earlier case for a similar offence, his being nabbed in this case by the police on such trivial circumstances would not be sufficient to continue his further custody, inasmuch as, the petitioner has remained in jail for almost one year in connection with the present case. This Court had earlier not only called for the case diary but also a report regarding criminal antecedent of the petitioner and from them it would transpire that the aforesaid stand of the petitioner is correct. That apart, there is only one criminal case pending against the petitioner and therefore when the petitioner has remained in custody on comparatively weak materials for a period of almost one 2 year, this Court would now direct for release of the petitioner, namely, Md. Hasim, on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in Jalalgarh P.S. Case No.123 of 2008, subject to the condition that one of the bailer of the petitioner must be his close family members preferably either of his parents or wife. It goes without saying that the petitioner must refrain himself from indulging in any such activities, inasmuch as, if again he is found to be involved in an offence of similar nature his present bail shall also stand cancelled. It is also expected that the petitioner shall remain present in course of trial and his absence on two consecutive dates will make him liable for cancellation of his bail. Abhay Kumar (Mihir Kumar Jha, J.)