IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1549 of 2010 BIKAU MAHTO, SON OF CHAUTHI MAHTO, RESIDENT OF VILLAGE-SINTURIYA, POLICE STATION-BAIRGANIYA, DISTRICT-SITAMARHI…………………………….PETITIONER. Versus THE STATE OF BIHAR………………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Sunil Prasad Singh, Advocate. For the State : Mr. Uma Shankar Prasad Singh, A.P.P. ----------- 3. 11.3.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Section 395 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner is not named in the First Information Report, however, he has been named by another co-accused, namely, Nabalak Mahto @ Nabalka Mahto, who has been named in the First Information Report. It is submitted that the aforesaid co- accused had already been granted bail by a Bench of this Court vide order dated 30.9.2008 passed in Criminal Misc. No.38487 of 2008. Learned counsel produces the certified copy of the aforesaid order. Let it be kept on record. Further submission is 2 that although there was an attempt of committing dacoity but finally dacoity could not have been committed. Having regard to the facts and the circumstances of the case, the petitioner, Bikau Mahto, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Bairgania Police Station Case No.76/08, with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, after his release in this case, if the petitioner is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan, J)