IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24792 of 2009 ALOK SINGH, son of Shital Singh, resident of village- Bangara Pachami, P.S. Sahebganj, District- Muzaffarpur ………… Petitioner Versus THE STATE OF BIHAR ……… Opp.Party ----------- 3. 23/11/2009 Heard learned senior counsel for the petitioner and learned counsel for the State. Case is under section 395 of the Indian Penal Code. Petitioner is named in the F.I.R. but in the subsequent statement on oath before the S.D.J.M., West Muzaffarpur, annexed as Annexure- 2, informant has specifically stated that he had not named this petitioner and one Alok Singh in the fardbeyan and they have been unnecessarily dragged in the case. Learned senior counsel for the petitioner submits that since informant has himself resiled from the claim of identification of this petitioner, fate of the case is known. Petitioner is in custody since 2.3.2009. It is also said that petitioner has no criminal antecedents. Considering the above facts and circumstances, this application is allowed. Let - 2 - petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri T.K.Sinha, S.D.J.M., (West) Muzaffarpur in Sahebganj P.S.Case No.86 of 2008, G.R.No.982/08 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Pradeep/ (J. N. Singh, J.)