IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22317 of 2009 SHAH ALAM @ ALAM son of Tauhid Alam, resident of village-Kaltiha, P.S.-Angarh, Dist.-Purnea. Versus STATE OF BIHAR 3. 7.10.2009. Heard learned counsel for the petitioner and the State. The petitioner has been made accused in a case arising out of Angarh P.S. Case No.11 of 2008 for the offence punishable under section 395 of the Indian Penal Code. Contention advanced by the learned counsel for the petitioner is that the petitioner was seen moving near the bamboo clumps at the time of occurrence. No other allegation has been made against the petitioner. It is contended that he has been falsely implicated in the case. Nothing has been recovered from his conscious possession. It is further contended that he is in custody since 2.2.2009 merely on suspicion. Having regard to the facts and circumstances of the case set out above, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Angarh P.S. Case No.11 of 2008 subject to the condition that one of the bailors would be his family member, who shall also file an affidavit in the court below that he would furnish information before the trial court in case the petitioner is involved in any further criminal act. The petitioner is directed to co-operate with the trial and attend the court on each and every date fixed in the matter. In either of the two situations i.e. if the petitioner fails to attend the court on the date fixed on two consecutive dates and/or information is furnished by the bailor regarding involvement of the petitioner in any further criminal case, the trial court would be at liberty to institute a - 2 - proceeding for taking him into custody. Md.S. (Jyoti Saran,J.)