IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10189 of 2011 Chhote Lal Prasad @ Mithun Versus The State Of Bihar ---------------------------------- 4 12.10.2011. Prayer for bail of the petitioner was earlier refused by this Court vide order dated 2.7.2010, passed in Cr.Misc.No.10460 of 2010 with direction to the trial court to expedite the trial. Prosecution case in short is that Rs.5 lakhs was snatched from the Cashier of the Tikri Branch, Allahabad bank when he was carrying the same from Main branch of Allahabad Bank, Siwan to his branch on the gun point. Furthermore, Rs. 1 lakh was recovered form the house of the petitioner on his own confession. Defence of the petitioner is that he is in custody since 10.11.2009, still he has not yet been put on T.I. parade. Moreover, his name has transpired in confession of co-accused Naushad from whose possession Rs. 98,000/- has been recovered. Furthermore, similarly situated accused Naushad Khan, from whose possession there is recovery of money, has already been allowed bail on 17.5.2011. There are two co-accused having common name as Naushad. One is Naushad Khan S/o Habibullah Khan, village Bhada Kala from whose possession Rs. 98,000/- has been recovered and another is Md. Naushad @ Nausad S/o Aslam Mian, from whom nothing has been recovered. Both the 2 accused persons have already been enlarged on bail. This Court while allowing bail to Naushad Khan had considered that (a) the recovered money was his own money kept in the house for purchasing piece of land and (b) he was in custody since 8.11.2009 in the instant case. The petitioner submits that the recovered money had been sent to him by his brother who works in Arab country. Keeping in view the period of incarceration as also the fact that a co accused has already been allowed bail, let the petitioner Chote lal Prasad alias Mithun be also released on bail on his furnishing bail bond of Rs. 5,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, FTC V, Siwan in Sessions Trial No. 185 of 2010, Hussainganj Police Station Case No. 142 of 2009. Petitioner would not physically absent for two consecutive dates, till four witnesses are examined in the trial. It goes without saying that other co accused persons too would regularly attend the court. Shashi. (Samarendra Pratap Singh, J.)