IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3440 of 2010 AFSAR MIYAN, Son of Late Sona Miyan, R/o Daheria, P.S. Katihar, District Katihar ……….. Petitioner Versus STATE OF BIHAR …… Opposite Party ----------- For the Petitioner : Mr. Sanjeev Kr. Singh, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. --------- 3 22.03.2010 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 and 412 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner is not named in first information report and no incriminating article has been recovered from the petitioner. It is submitted that the petitioner is in custody since 7.12.2009. It is further contended that several other co-accused have been granted bail by different orders passed by different Benches of this Court. Learned counsel submits certified copies of two bail orders whereby two co-accused persons, namely, Shailendra Singh and Sonu Sah have been granted bail, who had allegedly named the petitioner in their confessional statement recorded by the police. Let the same be kept on record. In the facts and the circumstances of the case, the petitioner, AFSAR MIYAN, 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 Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 40 of 2006, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. If, after his release in this case, the petitioner is again found implicated in similar nature of cases, then the concerned court would be at liberty to take steps for cancellation of his bail bonds. Spd/- (Dr. Ravi Ranjan, J.)