IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16137 of 2010 LALLAN PASWAN Versus THE STATE OF BIHAR ----------- 05/ 03.08.2010 Heard learned counsel appearing on behalf of the petitioner and the State. The petitioner is in custody in connection with Wazirganj P.S. Case No. 4 of 2009 for offence punishable under Sections 395 of the Indian Penal Code. The prayer of this petitioner was earlier rejected in Criminal Misc. No. 34063 of 2009 vide order passed on 09.11.2009. Learned counsel for the petitioner submits that for a general nature of allegation against 15 unknown accused persons of committing dacoity in the house of the informant, the petitioner has remained in custody since 05.02.2009, even where there was no recovery from his conscious possession nor he was put on T.I. Parade. He submits that although there are some cases against the petitioner of the year 2006 and 2007 but the petitioner is on bail in all those cases. He submits that the involvement of the petitioner in the present case is only by reason of his antecedent even in absence of any direct for indirect evidence. Having considered the circumstances and the submission of learned counsel for the petitioner, let the 2 petitioner Lallan Paswan be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No. 4 of 2009 subject to the following conditions: (a). That the father of the petitioner would stand as one of the bailors and who shall be under a duty to inform the court below in case this petitioner, after his release in the present case, is found involved or named in any further case of similar nature and whereupon the court below shall be at liberty to cancel the bail bond of the petitioner on grounds of misuse; and (b) That the petitioner shall accept his police papers and would co-operate in the trial and would be attending the court below on each and every date fixed in the case and the failure on the part of the petitioner to attend the court below on two consecutive date fixed in the case without reasonable explanation to the satisfaction of the court below would also entitle the court concerned to initiate proceedings for cancellation of his bail bonds and for taking him into custody. S.Sb/- (Jyoti Saran, J.)