IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21319 of 2009 BABLU YADAV @ NIRAJ YADAV, S/O LATE BHOLA YADAV, R/O VILLAGE-MARUWAHA, P.S.-MADHEPURA, DISTRICT-MADHEPURA. ……PETITIONER. Versus THE STATE OF BIHAR . ……OPP. PARTY. ----------- 4 30.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 395 of the Indian Penal Code. The case is related to bank dacoity. Learned counsel for the petitioner submits that petitioner has not been named in the FIR and he has been remanded in this case on 11.11.2008 and since then he is in jail. He submits that petitioner has not been put on T.I.P. and nothing has been recovered from his possession. He was earlier in jail in connection with a case of Arms Act from which he has been remanded in this case. Except the same, he has no other criminal antecedent. He further submits that petitioner’s name has come in this case on the basis of the information of a spy. Except the same, no other circumstance has come up to show his complicity in the alleged crime. The learned court below is directed to verify the above submission of the petitioner - 2 - from the records and if he finds that submission on behalf of the petitioner is correct, he shall release petitioner on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S.Case No. 100 of 2006 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. Arvind/ (J. N. Singh, J.)