IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22428 of 2009 VINAY KUMAR @ VINAY DAS @ RANJIT DAS son of Sri Jagdeo Ravidas @ Jagdeo Das, resident of village-Bans Raj Bigha, P.S.-Paraiya, Dist.-Gaya. Versus STATE OF BIHAR ----------- 3. 8.10.2009. Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case arising out of Kotwali P.S. Case No.173 of 2007 for the offence under section 392 of the Indian Penal Code. Submission is that the petitioner is not named in the first information report. His name has transpired on the basis of confessional statement of co-accused Rajendra Das and Ravindra @ Nanku Chaudhary. It is contended that there has been no recovery from the possession of the petitioner and even bank dacoity case referred to in the order of the court below is of the year 1997 when the petitioner was aged only ten years. Learned counsel in support of his contention produced a copy of the certificate granted by Bihar School Examination Board, Patna in which his date of birth has been mentioned as 15th January, 1987. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri J.S. Sriwastava, Judicial Magistrate, Ist, Class, Gaya in connection with Kotwali P.S.Case No.173 of 2007 subject to the condition that one of the bailors would be his family member, who shall also file an affidavit regarding antecedent of the petitioner and also undertake that if the petitioner gets himself involved in any - 2 - further criminal case he would report the same to the court below. The petitioner is directed to co-operate with the trial and would attend the court on each and every date fixed in the matter. He would also undertake to receive police papers without any delay. The trial court would be at liberty to cancel the bail bond of the petitioner and would take all steps to take him into custody either if he (petitioner) fails to attend the court on two consecutive dates fixed in the matter and/or the court receives information that the petitioner is involved in any further criminal case. Md.S. (Jyoti Saran,J.)