IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35341 of 2011 Abdul Kadir Versus The State Of Bihar 2. 19.10.2011. Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 363, 364, 379, 120B/34, 302 and 201 of the Indian Penal Code. It is alleged that the F.I.R. named accused persons hired the vehicle of the informant but thereafter the husband of the informant who was driving the vehicle did not return. It is submitted by learned counsel for the petitioner that the petitioner was not named in the F.I.R. and his name sprang up on confession of Md. Kuber. Though impugned order reflects that his name surfaced in the statement of Md. Tufail and Babloo Bhandari which is being denied by the learned counsel for the petitioner. It is further submitted that recovered mobile from other accused persons does not belong to the petitioner and the petitioner has no criminal antecedent. It is further submitted that the person who named the petitioner is 2 a tenant of petitioner with whom there is some dispute. Considering the fact that name of petitioner surfaced in confession of accused, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Rail(Darbhanga) P.S. Case No. 28 of 2009 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Railways, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The bail bond of the petitioner will be provisionally accepted which will be finally confirmed by the learned court below on verification of criminal antecedent of petitioner within a period of three months. Learned court below will be at liberty to cancel the bail of the petitioner if the petitioner defaults for three consecutive occasions during trial. U. K. ( Dinesh Kumar Singh, J)