IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.377 of 2010 MAHESH PASWAN @ BANDERVA son of late Jagan Paswan, resident of village Mohalla Pandariba, Maszid Chowk, Hazipur, P.S. Hazipur Town, District Vaishali… ..Petitioner Versus THE STATE OF BIHAR ….OPPOSITE PARTY For the Petitioner: Mr. Ajay Kumar Mishra, Advocate For the State: Mr. Uma Shankar Pd. Singh, A.P.P. ----------- 3 23.02.2010 Learned counsel for the petitioner submits that the father of the petitioner had already died, however, the word ‘late’ could inadvertently not be typed before his name and thus, he seeks permission to make necessary correction in this regard. Permission is granted to make necessary correction. Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 414/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner has been named in the first information report only on the basis of the statement of the co-accused Kako Mahto, however, there has not been recovery of any incriminating material from the possession of the petitioner. It is also submitted that all other co-accused persons including the co- 2 accused Kako Mahto, who had named the petitioner, have been granted bail either by the learned Sessions Judge or this Court. The petitioner is stated to be in custody since 10.10.2009. A supplementary affidavit has been filed on behalf of the petitioner stating about his implication in Hajipur Town P.S. Case No. 330 of 2006. However, it has been stated that the petitioner had been granted bail in that case. Considering the facts and circumstances of the case, I direct the the abovenamed petitioner, MAHESH PASWAN @ BANDERVA, 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 Chief Judicial Magistrate, Hazipur, in Hazipur Town Police Station Case No. 665/06 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned giving complete genealogy as to how he or she is related with the petitioner. Further, after his release, if the petitioner would again be found involved in similar kind of offences, the court concerned would be at liberty to take steps for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)