IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20680 of 2010 BIKKI @ BISHWANATH SONI son of Manoj Kumar Soni, R/O Sirischatti, P.S. Barun, Dist. Auranagabad…….Petitioner. Versus STATE OF BIHAR O.P. ----------- For the petitioner : Mr. K.P.Singh, Sr. Advocate For the State : Mr. J.K. Singh, A.P.P. -------- 2 17.6.2010 Heard the parties. In a criminal prosecution for offences under sections 461, 379 and 435 of the Indian penal Code, the petitioner is not named in the FIR as an accused. It is submitted that no stolen article has been recovered either from the house or from the possession of the petitioner and he has not been put on T.I.P. till date. Petitioner is a man of fair antecedent and there is no criminal history at all against him. Only material against him is that he has been named by a co-accused in his alleged confessional statement recorded by the police. Petitioner is stated to be in judicial custody since 9.4.2010. In the aforesaid facts and circumstances, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Aurangabad in connection with Aurangabad (Town) P.S. Case no. 74 of 2010, subject to the conditions : (a) That one of the bailors must be Govt. 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 - 2 - 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. ( Birendra Prasad Verma, J. ) M.Rahman