IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22465 of 2011 Md. Rizwan @ Chand, S/O-Sattar Ansari Versus The State Of Bihar ----------- 03 29.09.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 26.04.2010 in a case initially, registered under Section 395 of the Indian Penal Code and subsequently, Section 412 of the Indian Penal Code was also added. Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 01.12.2010 passed in Cr. Misc. No. 26299 of 2010 but again this second bail petition has been filed on behalf of the petitioner on the ground that up-till-now the trial of the petitioner has not been concluded though charges were framed against the petitioner on 24.11.2010. It is contended by learned counsel for the petitioner that no doubt on the basis of confessional statement of the petitioner some co-called looted articles were recovered from his house but admittedly, petitioner has not been put on Test Identification Parade. So, it cannot be said that the petitioner had participated in committing the dacoity and at best, the petitioner can be prosecuted under Section 412 of the Indian Penal Code. It is also contended by him that several co-accused persons, having allegation of Section 412 of the Indian Penal Code, have already been granted privilege of bail by this Court. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that 2 there is no possibility of conclusion of trial of the petitioner in near future, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 8th Additional Sessions Judge, East Champaran at Motihari in connection with Sessions Trial No. 597 of 2010 arising out of Chhatauni P.S. Case No. 07 of 2010 subject to condition that one of the sureties must be close relative of the petitioner and furthermore, petitioner shall attend the trial court on each and every date in person for the period of one year or till conclusion of trial, whichever is earlier and if he fails to do so on three consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. Furthermore, petitioner shall give his attendance in Chhatauni Police Station, District-East Champaran at Motihari in first week of every month and if he fails to do so, the Officer-in-Charge of Chhatauni Police Station shall report the above stated fact to the trial court and after getting report from Officer-in-Charge of Chhatauni Police Station, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. Let this order be communicated to the concerned court who shall transmit this order to Officer-in-Charge of Chhatauni Police Station, District-East Champaran at Motihari for needful. SHAHZAD ( Hemant Kumar Srivastava, J.)