IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43956 of 2009 SANJAY MEHTAR S/O SITARAM RAM R/O BEHIND VAISHALI CINEMA, EAST LOHANIPUR, KHAD PAR, P.S.- KADAMKUAN, DISTT.- PATNA.. PETITIONER Versus THE STATE OF BIHAR …OPPOSITE PARTY For the Petitioner: Mr. Jay Kumar, Advocate For the State: Mr. R.P.S. Singh, A.P.P. ----------- 2 17.12.2009 Learned counsel for the petitioner files supplementary affidavit. Let it be kept on the record. Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 461 and 379 of the Indian Penal Code. It is submitted on behalf of the petitioner that the first information report has been lodged against unknown persons. However, the petitioner has been made accused only on the basis of suspicion that he was seen fleeing away from the house of co-accused Gopal Manjhi. It is further submitted that nothing has been recovered from his possession and apart from this case, the petitioner has been made accused in Agam Kuan P.S. Case No. 255 of 2009 on 19.8.2009 and subsequently, he has been remanded in the present case on 22.08.2009. It is also 2 submitted that apart from that, the petitioner does not have any criminal antecedent. Further submission is that it is apparent from the seizure list that the nokia mobile data cable has been recovered from the house of the co-accused Gopal Manjhi. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Sanjay Mehtar, 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 Miss Noor Sultana, Judicial Magistrate, Ist Class, Patna in Kadamkuan Police Station Case No. 258/09 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he is related with the petitioner. Further after his release, if the petitioner would indulge himself in similar kind of offences, the court concerned will be at liberty to initiate a proceeding for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)