IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38574 of 2009 Raju Mandal, Son of Shankar Mandal, Resident of Village Amapu, P.S. Ghogha (Kahalgaon), Distt. Bhagalpur. -------- Petitioner Versus State of Bihar ------- Opp. Party ----------- 2 13.11.2009 Heard counsel for the petitioner and counsel for the State. Considering the fact that the allegation against the petitioner under Section 399/402 of the Indian Penal Code does not get beyond his being named in the First Information Report to have collected at a place for preparation of dacoity, this Court would be inclined to release the petitioner on bail in view of the fact that neither he was apprehended at the spot nor there was any recovery made from him even subsequently. That apart, when the petitioner also claims to have no criminal antecedent as stated in paragraph no.16 of this application and other co-accused persons even apprehended at the spot have been released on bail as stated in the paragraph no.14 of the bail application which stands also substantiated by the computerized sheet enclosed with this bail application by the office of this Court, it would direct for 2 release of the petitioner, namely, Raju Mandal, on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Naugachia in connection with Gopalpur (Rangra) P.S. Case No. 27 of 2007 (G.R. No. 94 of 2007), subject to the condition that one of the bailors would be a close family relative preferably either parents or brother or wife of the petitioner. Rsh (Mihir Kumar Jha, J.)