IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32520 of 2010 MD.SARIF, S/o Late Badruddin, R/o Village /Mohalla-Dighi Katihar, P.S.-Mufassil Katihar, District- Katihar. Versus THE STATE OF BIHAR ----------- 2. 08-09-2010 Heard the parties. In a criminal prosecution registered initially under sections 457/380 of the Indian Penal Code in which subsequently offence under Section 411 of the Indian Penal Code was also added, Some unknown thieves are alleged to have committed theft in the house of the informant and had stolen certain household articles as disclosed in the FIR vide Annexure-1. It is submitted that the petitioner is not named in the F.I.R. as an accused and he has not been put on T.I. Parade till date. Only material against the petitioner is that co-accused Md. Asru @ Chhotu allegedly disclosed the name of the petitioner as his accomplice and he is alleged to have disclosed that he sold the stolen articles to the petitioner. It is further submitted that petitioner is a mechanic and the aforesaid co-accused, who disclosed the name of the petitioner as his accomplice, had given those articles for the purpose of repairing. The petitioner had no knowledge that those articles were stolen one. Hence, as per submission, neither a case under Section 380 nor a case under Section 411 of the Indian Penal Code would be attracted against the petitioner. The petitioner is said to be in judicial custody since 11.07.2010. It is claimed that the petitioner is a man of means and there is no criminal history at all against him. 2 Be that as it may in the facts and circumstances of the case, the petitioner is directed to 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 learned Chief Judicial Magistrate, Katihar in connection with Katihar(Town) P.S.Case No. 225 of 2010, subject to conditions that (a) one of the bailors must be government servant or close family members 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 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 and (c) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. Sujit (Birendra Prasad Verma, J.)