IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40101 of 2010 GABBAR RAM SON OF LATE ASHOK DOM Versus STATE OF BIHAR ----------- 2 8.11.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Gandhi Maidan P.S.Case No.99 of 2008 for the offences punishable under section 392 of the Indian Penal Code. The allegation against the petitioner is of committing robbery on the person of the informant and the Headmistress of his School. Learned counsel for the petitioner submits that the first information report is against unknown and that the name of this petitioner has transpired during the course of investigation by reason of the confessional statement made by one Manoj Kumar from whom a mobile phone said to be one of the looted goods, was recovered. He submits that apart from the said circumstance, there is no material connecting this petitioner with the alleged occurrence. He further submits that even in absence of any recovery from the petitioner who 2 has also not been put on test identification parade, he has remained in custody since 24.6.2010. Having regard to the circumstances and taking into consideration the submissions of the learned counsel, let the petitioner Gabbar Ram 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 Chief Judicial Magistrate, Patna in connection with Gandhi Maidan P.S.Case No.99 of 2008, subject to the condition that wife of the petitioner shall stand as one of the bailors and who shall be under a duty to inform the court below in case this petitioner, after his release in the present case, is named or is found involved in any further case of similar nature and whereupon the court below shall be at liberty to cancel the bail bond of the petitioner and take him into custody on grounds of misuse. ahk (Jyoti Saran, J) 3