IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10398 of 2010 RAKESH KUMAR, SON OF PRABHU DAYAL, RESIDENT OF VILLAGE-KALEPUR, P.S. DIDARGANJ, DISTRICT- AZAMGARH (UTTAR PRADESH), PRESENTLY RESIDING AT VILLAGE ARWAL SIPAH, SABZI BAZAR, P.S. AND DISTRICT-ARWAL……………….PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. ----------- For the Petitioner : M/s. Rajesh Kumar Mishra, Sourendra Pandey and N.N. Tiwari, Advocates. For the State : Mr. Ramchandra Singh, A.P.P. ----------- 2. 1.4.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 461/379/411 of the Indian Penal Code. It has been submitted on behalf of the petitioner that he is not named in the First Information Report and he has been made accused in this case only on the basis of suspicion. It has also been submitted that there is no recovery of any incriminating article from the possession of the petitioner. The petitioner is stated to be in custody since 15.1.2010 and he is having clean antecedent. So far the as - 2 - the recovery is concerned, that is allegedly from the co- accused, Rahul Kumar, who happens to be the cousin brother of the petitioner. Having regard to the facts and the circumstances of the case, the petitioner, Rakesh 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 C.J.M., Jehanabad, in connection with Arwal P.S. Case No.08/10, 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 or her relationship with the petitioner. Further, after his release in this case, if the petitioner is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)