IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20975 of 2009 LALU DASS Versus STATE OF BIHAR ----------- 03 06.08.2009 Heard both sides. Sole petitioner seeks bail in a case instituted under Section 395 of the Penal Code. Informant is the Bank Manager. Allegation is of committing robbery in the Bank. Learned counsel for the petitioner submits that his name transpired in the case through the confessional statement of co-accused , namely Nassimuddin @ Nassim. A sum of Rs. 20,000/- is said to have been recovered from his house. The petitioner claims the money. It is further contended that except the confessional statement of co- accused, namely, Nassimuddin @ Nassim and his own confessional statement there is no material on record justifying his continuance in jail custody since 17.01.07. By filing the supplementary affidavit learned counsel for the petitioner has brought on record the order dated 11.06.2007 passed by the learned Additional Sessions Judge, Fast Track Court no.2 Gaya, whereby co-accused, namely, Nasimuddin @ Nassim has been granted the privilege of bail. This court finds from the impugned order that aforesaid co-accused is delaying the trial. Having regard to the submissions noted above as also the fact that co-accused, namely Nasimuddin @ Nassim was initially granted bail on merit by the learned court below itself, this court is persuaded to grant him the same privilege. 2 In the facts and circumstances of the case, petitioner above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Fast Track Court No. II, Gaya in connection with Sessions Trial no. 26/09/94/07/428/07 arising out of Takari ( Koach) P.S. Case no. 10/07 subject to the following conditions: (i) One of the bailors should be the own/close family member of the petitioner and other bailors should be either a Govt. servant or local elected representative. (ii) The petitioner shall continue to appear before the court below in person on each and every date fixed at the trial. In case of default on any date without compelling reasons therefor the trial court shall have liberty to cancel the bail bond and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)