IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31956 of 2010 AWDHESH YADAV son of Sri Kameshwar yadav R/o village Makhdumpur Ahara, P.S. Kako, Dist. Jehanabad ………..Petitioner. Versus STATE OF BIHAR opposite party. ----------- 2 01.09.2010 Heard the parties. In a criminal prosecution registered under sections 395 and 397 of the Indian Penal Code, the petitioner is not named in the FIR as accused. The FIR has been lodged against 6-7 unknown miscreants. It is submitted that no incriminating article has been recovered either from the house or from the possession of the petitioner. The petitioner has not been put on T.I.P. till date though he is in judicial custody since 08.04.2010. It is further submitted that only material against the petitioner is that he has been named by co- accused as his accomplice in his alleged confessional statement recorded by the police. It is also highlighted that co-accused Subhash Paswan with almost similar allegation has been granted bail by a Bench of this Court by an order dated 1.2.2010 (vide Annexure-2). In the aforesaid facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of lime amount each to the satisfaction of Additional Sessions Judge, F.T.C.IV, Jehanabad in connection with S.Tr. No. 259/2010/65/2010 arising out of Makhdumpur (Tehta) P.S. Case No. 9/09 subject to the conditions: (a) That one of the bailors must be Govt. servant or close 2 family member of the petitioner, who will filed an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. M.Rahman ( Birendra Prasad Verma, J )