IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42893 of 2009 RAM BISHWAS RAM, SON OF LATE RAM LAGAN RAM, RESIDENT OF VILLAGE SANGRAMPUR, P.S. FULWARIA, DISTRICT GOPALGANJ VERSUS STATE OF BIHAR ----------- 2. 21.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under section 395 of the Indian Penal Code. Petitioner is not named in the first information report. It is submitted by learned counsel for the petitioner that petitioner’s name surfaced in the case only on the basis of information received from spy of the police. It is submitted that from the F.I.R. it appears that all looted articles were recovered. It is also stated that accused from whom looted articles were recovered had been acquitted in the bifurcated trial. In paragraph 11 of the petition it has been stated that petitioners had two cases of the years 1991 and 1994 from before in which he has remained in jail for quite some time and thereafter he was acquitted. It is also stated that he has not been put on test identification parade and no other article have been recovered from his possession. He is in - 2 - custody since 03.10.2009. Considering the above facts and circumstances, this application is allowed. Let petitioner (Ram Bishwas Ram) be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Gopalganj in connection with S.T. No.63/05 arising out of Uchkagaon (Sripur) P.S. Case No.11/96 and G.R. No.123/96 with conditions as laid down in sub-section (3) of section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J. N. Singh, J.)