IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39748 of 2009 KUNDAN MISHRA, son of Sabal Kishore Mishra, resident of village- Bardiha, Police Station- Warisaliganj, District Nawadah….. Petitioner. Versus THE STATE OF BIHAR ----------- 2. 18.11.2009. Heard counsel for the petitioner and counsel for the State. The petitioner who is named accused for offence under Sections 399, 400, 402 and 414 of the Indian Penal Code, is said to have been apprehended at the spot by the Police Officer along with four others. Counsel for the petitioner would submit that not only there was no recovery from the conscious possession of the petitioner so as to make him liable for preparation for committing the offence of dacoity but also in fact he has no criminal antecedent on the basis of which he could be made suspect for the offence in question. This court would find from the seizure-list as also detailed description in the first information report that while recovery was made form the other co-accused persons, there is nothing against the petitioner except his being apprehended at the spot. Considering the aforementioned aspects and 2 also taking into account that there is only one other criminal case which was also lodged as a fall out of the present case, being a case under Arms Act and Explosive Substance Act, this Court would direct for release of the petitioner namely Kundan Mishra on bail his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawadah in connection with Warisaliganj P. S. Case No. 128 of 2009, subject to the condition that one of bailors must be a close family member of the petitioner preferably either his parents or his wife. It is however made clear that if the petitioner is again found to have indulged himself in any similar nature of offence, his present bail shall also stand cancelled. kanchan (Mihir Kumar Jha, J.)