IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20302 of 2010 Chandan Das @ Chandan Kumar Das, son of Dhruv Das, Resident of Village- Govardhanpur, P.S.-Lodipur,District- Bhagalpur. ……………………………………Petitioner. Versus The State of Bihar ………………………….Opposite Party. ----------- 2. 15. 06. 2010. Heard the parties. In a criminal prosecution for offences under Sections 379/411 of the Indian Penal Code, the petitioner is not named in the F.I.R. as an accused. During the course of investigation, stolen motorcycle was recovered from the possession of co-accused Sahendra Das. In the confessional statement of co-accused Sahendra Das, the name of the petitioner has transpired as an accused. It is submitted by the learned counsel for the petitioner that the petitioner is in judicial custody since 09. 12. 2009 and co- accused Auranjeb @ Chotu with almost similar and identical allegation has already been granted bail by a Bench of this Court. In the aforesaid facts and circumstances of the case, the above named petitioner is directed to be released on bail in connection with Kotwali (Adampur) P.S. Case No. 576 of 2009, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.R.S. Kumar, Judicial Magistrate, Ist Class, Bhagalpur subject to conditions ; (a) that one of the bailors must be Govt. 2 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 and similar nature of case 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. ( 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 dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. m.p. (Birendra Prasad Verma, J.)