IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33468 of 2009 TIMAL RAI S/O Jagu Rai resident of Village Selhawari P.S. Marhowrah District-Saran at Chapra. Versus STATE OF BIHAR ----------- 2 6/10/2009 Heard counsel for the petitioner and counsel for the State. Considering the fact that the petitioner is in custody since 1.2.2008 for an offence under section 395 of the Indian Penal Code and there is no direct material to implicate him in the case, this Court is inclined to release the petitioner on bail provided the petitioner has got no criminal antecedent beyond one more case under section 395 of the I.P.C. In other words, if the petitioner is only accused in this case and one more criminal case, as submitted by counsel for the petitioner, the petitioner, namely, Timal Rai would 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 Chief Judicial Magistrate, Gopalganj in Bainkunthpur P.S. Case No. 162 of 2006. But if there is any third case pending against him he will not be released on bail. Abhay Kumar (Mihir Kumar Jha, J.)