IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17137 of 2010 NAZRUL @ MD.NAZRUL, SON OF SOHAIB ALI, RESIDENT OF VILLAGE- SAIFULLA, P.S.- ARARIA, DISTRICT- ARARIA (BIHAR) Versus STATE OF BIHAR ----------- 3. 10.06.2010. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 395 and 397 of the Penal Code which was lodged on 14.2.2005 against 8-10 unknown. Having recorded the fardbeyan of the said case police went on trail of the dacoits. Firing was resorted to by the dacoits and another Kasba P.S.Case No. 29 of 2005 dated 14.2.2005 was registered against Israfil who named the petitioner Nazrul as co-accused and his name was also included in the First Information Report on the basis of the statement of Israfil who was arrested at the spot. In the subsequent case petitioner has been allowed bail in the event of arrest by another Bench of this Court under orders dated 04.09.2009 passed in Cr. Misc. No. 27408 of 2009, Annexure-3 and with reference to the said order it is submitted that in the present case also petitioner should be released on bail in the event of arrest as he has already been allowed bail in the event of arrest in the connected case. It is further submitted that besides the aforesaid two cases i.e. Kasba (Jalalgarh) P.S.Case No. 28,29 of 2005 there is no 3rd case registered against the petitioner. Let the petitioner, named above, surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below - 2 - whereafter the court below should confirm that any 3rd case is registered against the petitioner and if the petitioner is not accused in any 3rd case, he be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Kasba (Jalalgarh) P.S.Case No. 28 of 2005, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. P.K.P. (V.N.Sinha,J.)