IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5762 of 2010 LALLAN CHOUDHARY @ LALLAN YADAV, S/O LATE RAM BARAI YADAV, R/O VILLAGE-SIRISYA BABU, P.O.- BHAWANICHHAPUR, P.S.-KHAM PAR, DISTRICT- DEORIYA (U.P.). ……………PETITIONER. Versus THE STATE OF BIHAR. ……………OPPOSITE PARTY. ----------- 2 26.02.2010 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 395, 397 and 412 of the Indian Penal Code. Learned counsel for the petitioner submits that, petitioner is named in the FIR. But he submits that if the petitioner and other dacoits had come with pre-planning to commit dacoity, it is unbelievable that they would not take away any movable articles of the house and will drag away only a pumping set leaving ample evidence of the crime in the form of wheel tracks. He submits that petitioner is in custody since 7.11.2009 and he has no criminal antecedents at all. Considering the above submissions of learned counsel for the petitioner, this application is allowed. Let petitioner Lallan Choudhary @ Lallan Yadav be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten 2 thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Gopalganj in connection with Bhorey P.S. Case No.121 of 2009 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. Arvind/ (J. N. Singh, J.)