IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25119 of 2010 PITAMBER YADAV, Son of Late Gosai Yadav, Resident of Village Golihiya, P.S. Pipra, District Supaul ……..Petitioner Versus THE STATE OF BIHAR ……Opposite party For the Petitioner : Mr. Arun, Advocate For the State : Mr. U.S.P. Singh, A.P.P. 02. 16.08.2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. Petitioner though named accused at serial no. 2 but in the F.I.R. no allegation appears to be levelled against him. However, it appears that S.D.O, Birpur, after enquiry recommending institution of the case has stated that it revealed to him that in collusion with the petitioner, some articles were kept in the house of one Pappu Yadav from where they were recovered. The police after investigation exonerated the petitioner, submitted charge-sheet against others. However, cognizance has been taken against the petitioner also and from the order of learned sessions Judge also it appears that except statement of the informant appearing in para 14 of the case diary, there is nothing against him. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Pitamber Yadav, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each 2 to the satisfaction of Sub-Divisional Judicial Magistrate, Birpur in connection with Raghopur P.S. Case No. 103 of 2008, subject to condition laid down under Section 438 (2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two year or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra,J.)