IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39886 of 2009 ATABUL SAH, Son of Khurshid Sah of village Karawni, P.S. Singhwara, District Darbhanga ….. Petitioner Versus STATE OF BIHAR … Opposite Party ----------- For the petitioner : Mr. Md. Soban Asgar, Advocate For the State : Mr. S.Azim, A.P.P. ------ 5 28.04.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is in custody and seeks bail in a case registered under Section 395 of the Indian Penal Code. It is submitted on behalf of the petitioner that he is not named in the first information report and there is no recovery from his personal possession of any incriminating materials. Though the petitioner is stated to be in custody in this case since 5.6.2009, he has not been put on T.I. parade. Learned counsel submits that from paragraph 98 of the case diary it would be manifest that the petitioner was taken in custody on 5.12.2007 in connection with another case. However, it is alleged that he has given a confessional statement before the police. Learned 2 counsel submits that surprisingly he has been remanded in this case after one and half years on 5.6.2009. A supplementary affidavit has been filed on behalf of the petitioner stating therein that in all other four cases which are pending against him he has been granted bail in all other cases. Learned counsel for the State could not demonstrate from the records that there is any recovery from the personnel possession of the petitioner. An affidavit has been filed on behalf of the Superintendent of Polcie explaining the omission. In view thereof no further order need be passed in that regard. In the facts and the circumstances of the case, the petitioner, ATABUL SAH, 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, Madhubani in connection with Bisfi P.S. Case No. 97 of 2007, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the 3 petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. If, after his release in this case, the petitioner is again found implicated in similar nature of cases, then the concerned court would be at liberty to take steps for cancellation of his bail bonds. Spd/- (Dr. Ravi Ranjan, J.)