IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24673 of 2010 RAMA NAND YADAV Versus STATE OF BIHAR ----------- 2. 02-08-2010 Heard the parties. In a criminal prosecution for offences registered under sections 395 and 397 of the Indian Penal Code, the petitioner is not named in the F.I.R. as accused. It is submitted that no incriminating article has been recovered either from the house or from the possession of the petitioner and he has not been put on Test Identification Parade till date. It is highlighted that only material against the petitioner is that he has been named by co-accused Raj Kumar @ Raj Kumar Rai before the police and thereafter the petitioner is also said to have made his confession, which has got no evidentiary value. It is also submitted that the petitioner is in judicial custody since 25- 08-2009 and co-accused Raj Kumar @ Raj Kumar Rai has already been granted bail by a Bench of this Court vide order dated 09-04-2010 passed in Cr. Misc. No. 45098 of 2009 vide Annexure-2. In the aforesaid facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Patna City in connection with S.T. No. 582 of 2010(arising out of Fatuha P.S. Case No. 313 of 2009), subject to the conditions that (a) one 2 of the bailors must be government servant, (b) Another bailor must be the family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioners; (c) if the petitioner is found involved in same and similar nature of case in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned, (d) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. Sujit (Birendra Prasad Verma, J)