IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3363 of 2010 Vikash Kumar @ Suraj Kumar, son of Ramadhar Prasad Yadav, resident of Village- Punarwara Shyam, P.S.-Hathauri, District- Muzaffarpur. ………………………….Petitioner. Versus The State of Bihar ………………………….Opposite Party. For the petitioner :- Mr. Hari Kishore Thakur, Advocate. For the State :- Mr. Umesh Lal Verma, A.P.P. ----------- 3. 29. 04. 2010. Heard the parties. In a criminal prosecution for offence under Section 392 of the Indian Penal Code, it is submitted that petitioner is not named in the F.I.R. as an accused and no incriminating article has been recovered either from his house or from his possession. By referring to Annexure-2 i.e. letter dated 17. 10. 2009 written by the I.O. to the learned C.J.M., Muzaffarpur, it is submitted that after almost three years prayer has been made for addition of offence under Section 120 B of the Indian Penal Code, and also for arraying the petitioner as an accused in that case. It is further highlighted that during the course of investigation, it has transpired that petitioner had not participated in the crime in question. Taking into consideration of the aforesaid facts and circumstances of the case, in the event his of arrest/surrender within a period of four weeks from today, the petitioner, namely, Vikash Kumar @ Suraj Kumar, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 469/2006, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.) 2