IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42462 of 2009 BHIKHARI SAH @ MUNNA SAH, SON OF RAMANAND SAH, RESIDENT OF VILLAGE JITAURA GOPALPUR, POLICE STATION-CHAKIA, DISTRICT-EAST CHAMPARAN. ………………………………………………………….PETITIONER. Versus THE STATE OF BIHAR……………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Lallan Kumar Verma, Advocate. For the State : Mr. Uma Shankar Prasad Singh, A.P.P. --------- 6. 30.3.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Section 395 and 412 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner is neither named in the First Information Report nor he has been put to any T.I. Parade though he is in custody since 16.7.2009. It has also been submitted that no incriminating article has been recovered from the possession of the petitioner. Learned counsel for the petitioner further submits that the name of the petitioner has surfaced on the alleged self confessional statement of the co-accused, Sudharshan Ram, recorded before the police which has got no 2 evidentiary value. It is also contended that the co-accused, Chandan Kumar Sah, had already been granted bail by a Bench of this Court vide Annexure-‘2’ to the application. Having regard to the facts and the circumstances of the case, the petitioner, Bhikhari Sah @ Munna Sah, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 4th Additional Sessions Judge, Bettiah (West Champaran) in connection with Sessions Trial No.497/09 (Arising out of Sugauli (Motihari) G.R.P. P.S. Case No.26 of 2009), with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, after his release in this case, if the petitioner is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan, J)