IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24511 of 2009 PAPPU THAKUR SON OF LAKHAN THAKUR RESIDENT OF VILLAGE-RAJENDRA NAGAR, WARD NO. 22, P.S. AND DISTRICT – GOPALGANJ ------PETITIONER. Versus STATE OF BIHAR ----------- 2. 28/10/2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 394 and 302 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report nor put on Test Identification Parade nor there is any recovery from his possession and the only material raised in paragraph 203 of the case diary whereby he has confessed that the co-accused used to come frequently to the shop but he himself had not indulged in the commission of the dacoity, let the petitioner above named, who has clean antecedent, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj P.S. Case No. 204 of 2008 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the 2 petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S. Ali (Anjana Prakash, J.)