IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19845 of 2010 MAHENDRA YADAV Versus STATE OF BIHAR ----------- 02/ 21.06.2010 Heard learned counsels appearing on behalf of the petitioner and the State. The petitioner is in custody in connection with Phulparas P.S. Case No. 233 of 2008 for offences punishable under Section 392 of the Indian Penal Code. The F.I.R. is against one Vijay Marshal along with three unknown persons. It is alleged that the said Vijay Marshal along his companions has decamped with an amount of Rs. 12,000/- looted from the cash counter. Learned counsel for the petitioner submits that there is specific allegation against Vijay Marshal. He submits that though the petitioner has been taken into custody on 16.01.2010 but neither any incriminating article has been recovered from his possession or from his house nor he has been put on Test Identification Parade. He further submits that apart from the present case the petitioner is also involved in one another Criminal case arising from Phulparas P.S. Case No. 179 of 2007 under Section 307 I.P.C. Considering the circumstances aforesaid, let the petitioner Mahendra Yadav be released on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial 2 Magistrate, Jhanjharpur, District-Madhubani in connection with Phulparas P.S. Case No. 233 of 2008 subject to the following conditions:- (i) That one of the bailors would be a close relative of the petitioner who would also inform the court below in case of any change of address of the petitioner; (ii) The bailor would also be under a duty to inform the court below if the petitioner is found named or involved in any further criminal case of similar nature after his release and whereupon the court below will be at liberty to initiate proceedings for cancellation of his bail bonds and for taking him into custody; (iii) The petitioner would attend the court below on each and every date fixed in the case and the failure on his part to attend the court below on two consecutive dates without any reasonable explanation to the satisfaction of the court concerned would grant liberty to the court below to initiate proceedings for cancellation of his bail bonds and for taking him into custody. S.Sb/- ( Jyoti Saran, J.)