IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17365 of 2010 LAL BAHADUR MAHTO @ LAL BAHADUR SINGH Versus THE STATE OF BIHAR ----------- 3. 19.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in a case arising from Paliganj P.S. Case No. 71 of 2005 for offences punishable under Section 395 of the Indian Penal Code. This is the second attempt on behalf of the petitioner, his earlier application bearing Criminal Misc. No. 28735 of 1999 being rejected on 14.10.2009. The petitioner is implicated for participating in a highway dacoity. It is alleged that the petitioner was identified by the several witnesses as being a part of the gang who indulged in robbing the marriage party. Learned counsel for the petitioner submits that despite the said position, neither any T.I. Parade has been conducted nor any recovery has been made from the personal possession of the petitioner or from his house. He submits that although he has been implicated in some other cases but he is on bail in all the cases and in support of the statement learned counsel for the petitioner files a supplementary affidavit. Learned counsel submits that in absence of any tangible evidence the petitioner is in custody since 30.1.2009. 2 Taking into consideration the submissions aforesaid, let the petitioner Lal Bahadur Mahto @ Lal Bahadur Singh 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 A.C.J.M., Danapur, Patna in connection with Paliganj P.S. Case No. 71 of 2005, subject to the following conditions: (a) The petitioner would receive his police paper without causing any delay; (b) The petitioner would be attending the court below on each and every date fixed in the trial and the failure on his part to present himself on two consecutive dates would entitle the court below to initiate proceedings for cancellation of his bail bonds and for taking him into custody; and (c) In case the petitioner is found implicated in any further criminal case, even in that event the court below would be entitled to cancel his bail bonds and for taking him into custody. S.Sb/- ( Jyoti Saran, J.)