IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36124 of 2009 LALLAN SINGH S/O LATE GHURBHARI SINGH VILL- PAKHNAHIYA, P.S- SANJHAULI, DISTT- ROHTAS … Petitioner Versus STATE OF BIHAR . ----------- 2. 04.11.2009 Heard Mr. Yogesh Chandra Verm, learned senior counsel for the petitioner and counsel for the State. Though Mr. Verma would say that there are no materials to link the petitioner in the occurrence under Section 392/411 of the I.P.C. inasmuch as there is no recovery of any cash allegedly looted away in the occurrence but then he will have no explanation again for the recovery of mobile phone and Sim of the informant from the conscious possession of the petitioner. He would therefore limit his submission by taking a plea that the case lodged against the petitioner would be at best under Section 411 of IPC. Taking into account that the petitioner claims to be an aged person, around 60 years and there is recovery of the mobile of the informant, admittedly looted away in the occurrence, from his conscious possession this Court for the time being is not inclined to grant bail to the petitioner till he would complete six months of judicial 2 custody. The petitioner is in custody only since 4.8.2009 and has claimed to have no criminal antecedent as stated in paragraph 9 of the bail application. This Court therefore would direct for release of the petitioner namely Lallan Singh on bail on competition of six months of his judicial custody i.e. on or after 4th February 2010 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Nokha P. S. Case No. 89 of 2009, subject to verification of his criminal antecedent and the conditions that one of the bailors must be either parents or wife of the petitioner and that the petitioner shall remain present in course of trial regularly and punctually and his absence on two consecutive dates will lead to automatic cancellation of his bail under the present order. kanchan (Mihir Kumar Jha, J.)