IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4617 of 2010 MUSO MANDAL, SON OF LICHHO MANDAL, RESIDENT OF VILLAGE-MEGHUWA BACHCHHANI, P.S. AMARPUR, DISTRICT-BANKA……………PETITIONER. Versus THE STATE OF BIHAR…………………OPPOSITE PARTY. ------- For the Petitioner : Mr. Ashok Kumar Yadav, Advocate. For the State : Mr. Uma Shankar Prasad Singh, A.P.P. ---------- 3. 19.3.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 395/397/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that no incriminating material has been recovered from the possession of the petitioner, however, two mobile phones, one belonging to the petitioner and another to his wife, were taken by the police without making any seizure list. It has also been submitted that one Chulho Yadav has allegedly identified the petitioner at the T.I. Parade but surprisingly the petitioner was not confronted with the informant at the T.I. Parade. It is stated that the aforesaid Chulho Yadav has - 2 - nothing to do with the occurrence as he is not within the scene on the date of occurrence. Thus, it is submitted that the said T.I. Parade would have no meaning. It is also contended that the petitioner, who is having clean antecedent, is in custody since 23.10.2009. Having regard to the facts and the circumstances of the case, the petitioner, Muso Mandal, 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, Banka, in connection with Shambhuganj P.S. Case No.106/2009, with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, after his release in this case, if the petitioner is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)