IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44203 of 2009 KANHAIYA KUMAR, SON OF MAHESHWAR PRASAD SINGH, RESIDENT OF VILLLAGE-JALALPUR NAURANGA, POLICE STATION-MARANCHI, DISTRICT-PATNA. ………………………………………………………….PETITIONER. Versus THE STATE OF BIHAR……………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Bhavesh Kumar, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. --------- 2. 24.12.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 395/397 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the F.I.R. has been lodged against unknown persons. The name of the petitioner has surfaced in the confessional statement of the co-accused Dipak Kumar. It has also been submitted that the co-accused Chhotelal Chaudhary @ Chhotu Choudhary, whose name has also come in the confessional statement of the aforesaid co-accused Dipak Kumar, had already been granted bail by a Bench of this Court vide Annexure-‘2’ to this application. It is further submitted that no 2 incriminating article has been recovered from the possession of the petitioner and the petitioner has not been put on T.I. Parade. It is also stated that the antecedent of the petitioner is clean. Having regard to the facts and the circumstances of the case, the petitioner, Kanhaiya Kumar, 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 Railway Judicial Magistrate, Patna, in connection with Mokama (Hathidah) Rail Police Station Case No.09/2009, with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his relationship with the petitioner. Further, after his release, if the petitioner is again found to be involved in criminal case of similar nature, the court concerned will be at liberty to take steps for the cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan, J)