IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18638 of 2009 TILLO YADAV Versus STATE OF BIHAR ----------- 04 07.09.2009 Heard both sides. Sole petitioner has approached this court seeking bail in a case instituted under diverse Sections of the Penal Code including Section 395 of the Penal Code. F.I.R. has been lodged against unknown. Prosecution case is that while the informant was returning home along with his brother, they were intercepted and relieved of their belongings including motorcycle and mobile phone at the gun point. It is submitted that the name of the petitioner surfaced in course of investigation through confessional statement of one of the co-accuseds, namely, Shivjas Yadav@ Shivyash. Recovery of the alleged stolen motorcycle are said to have been made from the possession of co-accuseds, namely, Munna Yadav and Ravindra Yadav. It is next contended that co- accuseds, namely Munna Yadav and Ravindra Yadav have been privileged with bail by this court. Learned counsel for the petitioner handed in an order dated 20.07.2009 passed in Cr. Misc. No. 18704 of 2009, whereby co-accused, namely Shivjas Yadav @ Shivyash has been granted the privilege of bail by this court. Said order is placed on record marked ‘O’. It appears from 2 the impugned order that considering the criminal antecedents of the petitioner, he was refused bail. By filing the supplementary affidavit, learned counsel for the petitioner has explained his criminal antecedents. Having regard to all aspects of the matter, this court is persuaded to extend him the privilege of bail. Let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge, F.T.C.No. V, Buxar in connection with Sessions Trial no. 18/2009, arising out of Brahampur P.S.Case no. 42 of 2008, subject to the following conditions: (i) One of the bailors should be the own/close family member of the petitioner. (ii) Petitioner shall appear in person before the officer- in-charge of Agiaon P.S. or any officer-in-charge of the said police station once in a fortnight (preferably either on Saturday or on Sunday) for a period of 04 months from the date of his release. In case of default in such appearance before the officer-in- charge same shall be promptly 3 reported to the trial court/ court in seisin of the case whereafter it shall be open to the trial court to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)