IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38285 of 2009 GHOCHA YADAV @ PAYLOT YADAV @ PLATE YADAV, SON OF KAILASH YADAV, VILLAGE GOBIND CHAK, P.S. MASAURHI, DISTRICT PATNA VERSUS STATE OF BIHAR ----------- 2 20.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under section 395 of the Indian Penal Code. It is stated that petitioner is not named in the first information report, there is no recovery from his possession and he has not been put on test identification parade. Petitioner had voluntarily surrendered on 24.04.2009 and since then he is in custody. A supplementary affidavit has been filed to show that there are two cases against petitioner from before, out of which in one case of 2004 he was charged under different provisions of the Arms Act and in another case of 2008 which is also under Section 395 of the I.P.C., he has been made accused on the same confessional statement without any material. Considering the above facts and circumstances, this application is allowed. Let petitioner (Ghocha Yadav @ Paylot Yadav @ Plate Yadav) be enlarged on bail on furnishing bail - 2 - bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Masaurhi, District Patna in Masaurhi (Bhgwanganj) P.S. Case No.172/08 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)