IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9825 of 2010 MD.MOIN @ LADDEN @ ALAUDDIN, Son of Reyaz @ Reyazuddin, resident of Village-Sikandarpur, P.S. Sadar, District-Purnea.....Petitioner. Versus THE STATE OF BIHAR................................................Opposite Party. ----------- 3. 20.05.2010. Heard learned counsel for the petitioner and counsel appearing for the State. The petitioner is languishing in jail in a police case registered under Section 394 of the I.P.C. It is submitted by the learned counsel for the petitioner that on confession of petitioner the alleged Motor Cycle was not recovered which is apparent from paragraph no.40 of the case diary which has been verified by the learned A.P.P. It is further submitted that the petitioner has been identified by one witness. However, the petitioner is involved in four cases and out of which in three cases he is on bail and he is languishing in jail since 29.04.2009. Keeping the period spent in custody and the undertaking of the petitioner that the petitioner will appear on each and every date in the trial and the recovery of the alleged Motor Cycle was not made on the basis of the 2 confessional statement of this petitioner though it has been wrongly recorded in paragraph no. 5 of the impugned order that the recovery was made on the confession of the petitioner which has been verified by the learned A.P.P. and the contention of the petitioner has not been controverted, let the petitioner, Md. Moin @ Ladden @ Alauddin 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 the learned C. J. M. Purnea in connection with Baisi P.S. Case No. 45 of 2009. The learned C.J.M., Purnea, will verify the criminal antecedent of the petitioner and if he finds that the petitioner is involved in more than four cases apart from the present case his bail bond will not be accepted. The petitioner will appear on each and every date in the trial and if the petitioner fails to appear on three consecutive dates the trial court will be at liberty to cancel the bail of the petitioner. U.K. (Dinesh Kumar Singh,J)