IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40334 of 2009 RAKESH SINGH @ RAKESH KUMAR SINGH, Son of late Nagendra Singh, resident of village Madhopur, P.S. Majorganj, District Sitamarhi ……. Petitioner Versus THE STATE OF BIHAR ….. Opposite Party ----------- For the petitioner : Mr. Shankar Kumar, Advocate For the State : Mr. B.P.Singh, A.P.P. 3 09.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 395 and 397 of the Indian Penal Code. It is submitted on behalf of the petitioner that he is not named in the first information report. In fact, the first information report was lodged against unknown persons though two of the co- accused, namely, Arvind Raut and Chhitanu Sah belonging to the same village of the informant were also implicated later on and the same creates doubt about the story set up in the first information report. Petitioner is stated to be in custody since 30.5.2009. It is urged that he had also been named by brother of the informant later on along with 2 aforesaid co-accused persons. In the facts and the circumstances of the case, the petitioner, RAKESH SINGH @ RAKESH KUMAR SINGH, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in connection with Majorganj P.S. Case No. 166 of 2008, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. If, after his release in this case, the petitioner is again found implicated in similar nature of cases, then the concerned court would be at liberty to take steps for cancellation of his bail bonds. Spd/- (Dr. Ravi Ranjan, J.)