IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42137 of 2009 MANOJ KARU @ DINESH CHOUDHARY son OF LATE MOHAN CHOUDHARY, RESIDENT OF MOHALLA- PRATAPPUR, P.S. MEHANDIGANJ, DISTRICT PATNA Versus STATE OF BIHAR . ----------- 3 23.12.2009 Heard learned counsel for the petitioner and the State. The offence alleged is under sections 395, 412, 120B of the Indian Penal Code. The prayer for bail on behalf of the petitioner was earlier allowed as per the order dated 08.12.2006 passed in Cr. Misc. No. 38892 of 2006, which was later cancelled by order dated 10.12.2008 since the bail was granted considering the submission that on co-accused Sonu Kumar was granted bail and from whose possession also alleged articles were recovered like as the petitioner and the submission was later found to be not correct, and as such, the bail was cancelled and the petitioner was directed to surrender and the petitioner accordingly surrendered. It is submitted on behalf of the petitioner that the articles which were alleged to have been looted and the articles recovered from the possession of the petitioner did not tally as the looted article was mobile phone having different number as that of the mobile said to have been recovered from the petitioner beside other articles. It is further submitted that the similarly situated co-accused namely, Sonu Paswan has been granted bail as per the order dated 26.08.2009 passed in Cr. Misc. No. 16239 of 2009 (Annexure-4). Learned Addl. P.P. appearing for the State on perusal of the case diary submits that the articles were also recovered from the possession of the petitioner, however there are some discrepancy. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge, F.T.C. No. II, Patna, in connection with Shashtrinagar P.S. Case No. 770 of 2005. It is, however, made clear that the petitioner shall remain present on the date fixed in the Court below on each and every date save and except for some cogent reason that too after following the due process of law. In case the petitioner fails to carry out the above condition, it will be open for the prosecution to take steps for cancellation of the bail. Manish/- (Shailesh Kumar Sinha,J.)