IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43387 of 2009 Jitendra Chaudhary, son of Ganesh Chaudhary, resident of Village- Nonadih, P.S.- Sikrahta, Distt.-Bhojpur. ...Petitioner. Versus The State of Bihar ………………………….Opposite Party. ----------- 4. 04. 03. 2010. Heard Mr. Pranav Kumar, learned counsel appearing on behalf of the petitioner and Mr. Upendra Kumar, learned Additional Public Prosecutor for the State. The petitioner is an accused in a case instituted under Sections 379, 411/34 of the Indian Penal Code. According to the F.I.R., the informant had kept his ‘Attache’ in the dicky of the bus and from there certain ornaments are said to be missing. In the F.I.R., the petitioner being a bus Conductor and one Kundan Kumar Pansari @ Tufan Lal, being a Khalashi (cleaner) have been arrayed in the category of accused. It is submitted by the learned counsel for the petitioner that as a matter of fact, no incriminating articles have been recovered either from the house of the petitioner or from his Sasural. One of the ornaments said to have been seized from his Sasural belongs to in-laws of the petitioner. No Test Identification Parade has been held till date of the seized articles It has also been submitted that the petitioner is in judicial custody since 23. 08. 2009 and one co-accused Kundan Kumar Pansari @ Tufan Lal with exactly similar and identical allegations with that of the petitioner, has already been enlarged on bail by an order dated 11. 01. 2010, passed 2 by a Bench of this Court in Cr. Misc. No. 46029/09. It is also stated that the petitioner has no criminal history. Be that as it may, in the facts and circumstances of the case, the petitioner, namely, Jitendra Chaudhary, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in connection with Imadpur P.S. Case No. 31/09, subject to the conditions that one of the bailors must be Government Servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner and 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. m.p. (Birendra Prasad Verma, J.)