IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16646 of 2009 MD.JAHANGIR @ VICKY Versus STATE OF BIHAR ----------- 3 20.07.2009 Heard both sides. Petitioner seeks in bail in a case instituted under Section 394 of the Penal Code. F.I.R. appears to have been lodged against three unknown persons respecting an occurrence that had taken place on 24.01.2009. Learned counsel for the petitioner submits that his name has surfaced through the confessional statement of one of the co-accuseds, namely, Md. Umar Alam @ Babulu Mian. The police forcibly recorded her confessional statement as well. Besides these two circumstances, there is nothing against him to incriminate in the present case. Learned A.P.P., appearing on behalf of the State, on verification of the case diary does not dispute that there is no criminal antecedent of the petitioner. It appears that he is in custody 01.02.2009. It further appears that the charge sheet has already been submitted and the matter is likely to be taken up for trial. In the facts and circumstances of the case, petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like 2 amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S.Case no. 15/09 subject to the following conditions: (i) One of the bailors shall be the own/close family member of the petitioner. (ii) Once the case is taken up for trial and charges are framed the petitioner shall appear in person on the date fixed at the trial. In case of default on two consecutive dates, the trial court shall have liberty to cancel the bail bond and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)