IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33175 of 2009 CHHOTE LAL SAH son of Harihar Sah, resident of village Dumarwana, P.S. Bairgania, Dist. Sitamarhi….petitioner. Versus THE STATE OF BIHAR ----------- 2 9.9.2009 Learned counsel is permitted to make necessary correction in the prayer portion of the bail application. Petitioner has renewed his prayer for grant of bail in a case instituted under sections 395 and 397 of the Indian Penal Code. First information was lodged against unknown. Earlier he sought bail in Cr. Misc. No. 49068 of 2008. The said case was disposed of under order dated 19.12.2008 (annexure-1). The prayer for bail was refused with liberty to renew his prayer for bail after seven months if the trial is not taken up in the meanwhile. Learned counsel submits that three other accused of the present case having same/ identical/ allegation were tried in S.Tr. No. 32 of 2009. The learned court below under judgment dated 21.5.2009 acquitted them of all the charges as there were no sufficient material on record. The court while acquitting them of the charges noted that even the informant (P.W.,7) has not identified the accused persons. Considering the said submission and also keeping in view the observation/liberty granted to the petitioner under order dated 19.12.2008 this court is now inclined to admit him to bail. Let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Additional Sessions Judge F.T.C-VI, Sitamarhi in Biargania P.S. case no. 69 of 2008, - 2 - subject to the condition that petitioner shall appear before the court below in person on each date fixed at the trial. In case, of default in such appearance on two consecutive dates, it shall be open to the trial court to cancel his bail bond and secure his arrest in accordance with law. (Kishore K. Mandal, J) M.Rahman