IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misce. No.16457 of 2011 ASHOK NUT Versus THE STATE OF BIHAR 2 06.07.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in connection with Sessions Trial No. 408 of 2010 arising from Mashrak P.S. Case No. 20 of 2010 for offence punishable under Section 395 of the Indian Penal Code. The prayer of the petitioner was earlier rejected by this Court vide order dated 11.10.2010 in Cr. Misc. No. 35312 of 2010. Considering the submission of learned counsel for the petitioner that even in absence of any recovery from the possession of the petitioner and on mere allegation of being present along with the other dacoits, the petitioner has remained in custody since 16.03.2010 let the petitioner, namely, Ashok Nut be released on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional District Judge. II, Chapra, Saran in connection with S.Tr. No. 408 of 2010 arising out of Mashrak P.S. Case No. 20 of 2010 subject to the following conditions:- (a) That the wife of the petitioner would stand as one of the bailor and who shall be under a duty to inform the court below if the petitioner after his release in the present case is found involved in any other case of similar nature whereupon the court below shall be at liberty to cancel the bail bond of the petitioner and to take him into custody. 2 (b) The petitioner would be under a duty to ensure his representation before the trial court on each and every date fixed in the trial and the failure on the part of the petitioner to ensure his representation on two consequent dates without reasonable explanation to the satisfaction of the trial court, would entitle the court concern to cancel the bail bonds of the petitioner and to take him into custody. Bibhash ( Jyoti Saran, J)