IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30205 of 2009 Bhadai Ram, son of Late Sita Ram, resident of Village- Bahadurpur, Police Station Athamal Gola, District-Patna. ……Petitioner. Versus The State of Bihar …………………………Opposite Party. ----------- 3. 04. 03. 2010. Heard Mr. Rajib Ranjan Sinha, learned counsel appearing on behalf of the petitioner and Mr. Upendra Kumar, learned Additional Public Prosecutor for the State. The petitioner is an accused in a case instituted under Sections 395 and 397 of the Indian Penal Code. Learned counsel for the petitioner has submitted that petitioner is not named in the F.I.R. and there is no recovery of any incriminating articles either from his house or from his possession. It is also submitted that, though, the petitioner is in judicial custody since 15. 05. 2006, yet he has not put on Test Identification Parade. According to him, the petitioner has been made accused in the present case mainly on suspicion and having been named by co-accused in his confessional statement recorded by the Police. Learned counsel for the petitioner has drawn my attention to para 9 of the petition to show that co-accused Goutam Kumar and Shambhu Yadav with almost similar allegation have been granted bail by this Court. Learned A.P.P. for the State has also not disputed the aforesaid position. Be that as it may, in the facts and circumstances 2 of the case, the petitioner, namely, Bhadai Ram, is directed to be released 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 Additional Sessions Judge I, Barh, Patna, in connection with Bakhtiarpur Rail Police Station Case No. 32 of 2005 arising out of Sessions Trial No. 636 of 2006 , subject to the conditions that (1) one of the bailors must be Government Servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner and (2) if the petitioner is found involved in same and similar nature of cases in future, then in that cases 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. m.p. (Birendra Prasad Verma, J.)