IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43096 of 2009 LALLAN YADAV son of Bhagwat Yadav, resident of village Kharauna, P.S. Masarhi, District Patna… …Petitioner Versus THE STATE OF BIHAR… … OPPOSITE PARTY For the Petitioner: Dr. Alok Kumar “Alok”, Mr. Mannohan Kumar and Chandrashekhar Pd., Advocates For the State: Mr. Uma Shankar Pd. Singh, APP ----------- 6 23.03.2010 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 395 of the Indian Penal Code. It is submitted on behalf of the petitioner that he is neither named in the first information report nor has any test identification parade been held, though the petitioner is stated to be in custody since 21.05.2009. It is further submitted that that the petitioner has been made accused only on the basis of confessional statement of co-accused Sri Kant Mahto. A supplementary affidavit has been filed on behalf of the petitioner stating therein that though the petitioner has been also made accused in three other cases under section 395 of the Indian Penal Code, however, it is submitted that the petitioner was not named in all the three cases in the first information report, rather he has been implicated in those cases on the basis of confessional statement. Learned counsel also contended that one 2 of the co-accused, Ghocha Yadav, who is on similar footing, has been granted bail by a Bench of this Court in Criminal Miscellaneous No. 38285 of 2009. Learned counsel produces a certified copy of the order dated 20.11.2009 passed in the aforesaid case. Let it be kept on the record. Considering the facts and circumstances of the case, I direct the abovenamed petitioner, LALLAN YADAV, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the F.T.C.-III, Patna in S.T. No. 1314/2009 arising out of Masaurhi (Bhagwanganj) Police Station Case No. 172/08 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, after his release, if the petitioner is again found involved in similar kind of offences, the court concerned would be at liberty to take steps for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)