IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29471 of 2010 SURENDRA RAM @ BALIA @ MOTI RAM SON OF LATE RAM SEWAK RAM, RESIDENT OF VILLAGE- LOCHA, P.S. GAIGHAT, DISTRICT MUZAFFARPUR – PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- 2/ 12-08-2010 Heard the parties. In a criminal prosecution for offences under section 395 and 397 of the Indian Penal Code, it is submitted that the petitioner is not named in the F.I.R. as an accused and no incriminating article has been recovered either from the house or from possession of the petitioner. The petitioner has not been put on T.I. Parade till date though he is in judicial custody for more than two years in the present case. It is submitted that the only material against the petitioner is that he has been arrayed in the category of accused on the basis of confessional statement of co- accused recorded by the police, which according to learned counsel has no evidentiary value. It is further highlighted that though the petitioner is in judicial custody since 30.06.2008 and even charge was framed as far back as on 22.04.2009, but till date not even a single witness has been produced on behalf of the prosecution. Taking into consideration the aforesaid facts and circumstances of the case as also taking into consideration the ratio laid down by this Court in the case 2 of Sattan Ram Versus State of Bihar, reported in 2010 (2) B.L.J.- 91 the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 6th Additional Sessions Judge, Muzaffarpur, in connection with Sessions Trial No. 84 of 2009, arising out of Gaighat P.S. Case No. 123 of 2007, subject to conditions that : (A) 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, (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. BTiwary ( Birendra Prasad Verma, J)