IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20724 of 2010 Baban Dome alias Sangram Dome, son of Indal Dome Alias Rajendra Dome @ Lema Dome, resident of village- Deo Kuli, P.S. Dulhin Bazar, District-Patna, at present Keshlal Nagar, P.S. Khusrupur (Biro Oriya) P.S. Dhanarua, District-Patna. …………………..Petitioner. Versus The State of Bihar ……………………Opposite Party. ----------- 2. 17. 06. 2010. Heard the parties. In a criminal prosecution for offence under Section 392 of the Indian Penal Code, the petitioner is not named in the F.I.R. as an accused. It is submitted by the learned counsel for the petitioner that no incriminating/robbed article has been recovered/seized either from the house or from the possession of the petitioner. The petitioner has not been put on Test Identification Parade till date. It is further submitted that petitioner has been arrested on suspicion. Subsequently, his confessional statement was extracted by the Police. Save and except that material, there is no other legal material to connect the petitioner with the offence in question. The petitioner is stated to be in judicial custody since 05. 09. 2009. It is further submitted that one of the co-accused Subash Sonar @ Subhas Kumar has been granted bail by a Bench of this Court by order dated 11. 12. 2009 (Annexure-3). In the aforesaid facts and circumstances of the case, the above named petitioner is directed to be released on bail in connection with Khagaul P.S. Case No. 71/2009, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like 2 amount each to the satisfaction of the A.C.J.M., Danapur, subject to conditions; (a) that one of the bailors must be a Govt. servant, who will file an affidavit in the court below showing his status in Govt. Service. (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. ( c ) The petitioner shall make rgular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. m.p. ( Birendra Prasad Verma, J.)