IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16092 of 2010 MARKENDEY SINGH S/O SITA RAM SINGH, R/O VILL DUBAHA, PS- MOHADDINAGAR, DISTT- SAMASTIPUR AT PRESENT MOHALLA- KULESHARA GREATER NOIDA UTTAR PRADESH----------------PETITIONER Versus THE STATE OF BIHAR----------OPP.PARTY ----------- 2 1.9.2010 Heard learned counsel for the parties. Petitioner has been in custody after institution of Bind P.S. Case No. 12 of 2009 under sections 379 and 427 of the Indian Penal Code. Contention of the petitioner is that he was not named in the FIR and his name has figured on the basis of the statement made by the persons arrested who were found to be in possession of electric wire belonging to Bihar State Electricity Board. It is a fact that the name of the petitioner did not figure in the FIR but the FIR is not the be-all or end-all of the criminal case. It is initiation of the proceeding. During the investigation some evidence has come linking the petitioner with the crime. But looking at the materials and the period of custody the petitioner has spent, the petitioner, namely, Markandey Singh is enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bind P.S. Case No.12 of 2009. One of the sureties to be executed by the father of the petitioner, namely, Sita Ram Singh on due identification and the - 2 - other by father-in-law, namely, Mahesh Prasad Singh who has sworn affidavit in the present case. The Court below shall ensure that identity of two bailers are established with due verification of record. Petitioner is further directed that he shall cooperate in the trial of the case by appearing on each and every date either by himself or through his counsel. The petitioner shall not indulge in any crime much less the kind of charge for which he is under custody. The court below is directed to expedite the trial. RPS (Ajay Kumar Tripathi,J.)