IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32837 of 2009 MD.QUDDUS, son of Late Sirajul, resident of village Joginder, P.S. Jokihat, District Araria ……….. Petitioner Versus STATE OF BIHAR ….. Opp. Party For the petitioner : Mr. Binit Kumar, Advocate For the State : Mr. Ram Priya Sharan Singh, A.P.P. -------- 4 13.11.2009 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 395 and 397 of the Indian Penal Code. It is submitted on behalf of the petitioner that his name has surfaced during the course of investigation upon confessional statement of co-accused Mahanand Singh and Md. Ramzan. However, there is no recovery of any incriminating articles from the possession of the petitioner. The petitioner is in custody since 14.7.2009. He has not been put on T.I. parade. Petitioner is stated to have been involved in two other criminal cases of the year 1989 and 1990. However, in those cases he had been granted bail, which appears from the paragraph 3 of the supplementary affidavit, which has been filed on behalf of the petitioner today. It is also submitted that one of the co-accused Yasin - 2 - @ Md. Yasi has been granted bail by this Court on 28.10.2009 in Cr. Misc. No. 31924 of 2009. In the facts and the circumstances of the case, the petitioner, MD.QUDDUS, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No.78 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner. Further that the bailer shall also state on affidavit that he will immediately inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. Spd/- (Dr. Ravi Ranjan, J.) -----------