IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32527 of 2009 SAMIN YADAV, son of late Upendra Yadav, resident of village Bhabra, P.S. Sonbarsa, District Saharsa Versus STATE OF BIHAR ----------- 3. 16.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner is facing prosecution for offence u/s 395 of the Indian Penal Code. It is alleged that he alongwith four others have committed offence of dacoity in the night of 13.3.2009 while the informant was returning after marriage. Counsel for the petitioner has submitted that the petitioner is a co- villager and it would be absolutely absurd to suggest that he would risk himself to be identified in the manner of offence alleged to not even concealing his identity. He further submits that there is no recovery from the conscious possession and that co- accused Dinesh Mukhiya with an identical allegation and having criminal antecedent has been directed to be released on bail by an order of this Court dated 27.8.2009 in Cr.Misc.No. 28413/2009. 2 Considering the aforementioned aspects especially the grant of bail to co- accused Dinesh Mukhiya, this Court would direct for release of the abovenamed petitioner on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in Sonbarsa Raj P.S.Case No. 19/2009, one of which must be furnished by either parents or the wife of the petitioner. It goes without saying that the petitioner shall remain present in course of trial and his failure to do so on two consecutive dates shall make him liable for cancellation of his bail. (Mihir Kumar Jha,J.) Surendra/