IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33754 of 2009 RAJESH MAHTO, SON OF HARAK MAHTO, RESIDENT OF VILLAGE-DESARI-TOLA CHANDAN, P.S. BIBHUTIPUR, DISTRICT-SAMASTIPUR………………………………...PETITIONER. Versus THE STATE OF BIHAR……………………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Gopal Pandey, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ------------- 2. 9.10.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case under Sections 395 and 397 of the Indian Penal Code. It is submitted on behalf of the petitioner that the F.I.R. was lodged against one named person and 5-6 unknown persons. It is further submitted that the named accused Suresh Mahto had instituted a case on 9.3.2009 making allegation against Ram Nandan, Arjun Mahto and one Zalim Mahto and thereafter the present case had been instituted against the aforesaid Suresh Mahto and unknown persons. It is also submitted that the petitioner is not named in the First Information Report but he has been made accused in this case as he was seen sitting alongwith the aforesaid Suresh Mahto. Petitioner is stated to be of clean antecedent and though he is in judicial custody since 8.4.2009, he has not been put on T.I. Parade. Further submission is that the named accused, Suresh Mahto, has already been granted bail by a Bench of this Court vide order dated 17.9.2009 passed in - 2 - Criminal Misc. No.20019 of 2009. The certified copy of the aforesaid order has been produced before me. Let the same be kept on record. Having regard to the facts and the circumstances of the case, the petitioner, Rajesh Mahto, 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 learned A.C.J.M., Rosera, Samastipur, in connection with Bibhutipur P.S. Case No.74/09, with a further condition that one of the bailors of the petitioner must be the close relative or his family member. P.S. (Dr. Ravi Ranjan,J)