IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26656 of 2009 SANJAY YADAV son of late Kusum Lal Yadav, resident of village Kuriban Police Station Laukahi, District Madhubani… ..Petitioner Versus THE STATE OF BIHAR … ..OPPOSITE PARTY For the Petitioner: Mr. Gagan Deo Yadav, Advocate For the State: Mr. R.P.S. Singh, A.P.P. ----------- 3 17.12.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 394 of the Indian Penal Code. It is submitted on behalf of the petitioner that he is not named in the first information report, rather his name has surfaced on the basis of confessional statement of co-accused Santosh Khatwa, recorded by the police. It is further submitted that there is no recovery of any incriminating article or stolen money from the possession of the petitioner. The petitioner has not been put on test identification parade despite the fact that he is in custody with regard to this case since 11.05.2009. It is stated that co-accused Santosh Khatwa has already been granted bail by a Bench of this Court. Learned counsel produces certified copy of order dated 14.03.2005 passed in Cr. 2 Misc. No. 8675 of 2005 in support his submission. Let the same be kept on record. Learned counsel for the State submitted that the petitioner is involved in a case registered under section 395 of the Indian Penal Code. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Sanjay Yadav, 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 Additional Chief Judicial Magistrate, Jhanjharpur, District Madhubani, in Ghoghardiha (Phulparas) Police Station Case No. 201 of 2004 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 is related with the petitioner. Further after his release, if the petitioner would indulge in similar kind of offences, the court concerned will be at liberty to initiate a proceeding for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)