IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10135 of 2010 CHHOTELAL DOM son of Hanak Dom, resident of village Chautarawa Dom Padav, Police Station Bagaha, District West Champaran. Versus THE STATE OF BIHAR ----------- 2 31.03.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. This is the second attempt by the petitioner. Petitioner has been made accused in connection with Narkatiaganj G.R.P.S. Case No.16 of 2006 (Sessions Trial No. 244 of 2009) for the offences punishable under Section 396 of the Indian Penal Code. The F.I.R. is against unknown and the name of the petitioner has transpired during the course of the investigation. The allegation against the petitioner is of committing dacoity in Sonepur Gorakhpur Passenger Train along with some other accused persons. The petitioner was absconder and had been arrested on 23.8.2008. Learned counsel for the petitioner with reference to a bail orders placed at Annexure-3 series, submits that similarly situated accused 2 persons have been released on bail by this Court, the case of the petitioner is similar to the case of the said persons inasmuch as neither the petitioner has been named nor has been put on test identification parade and even no recovery has been made from the conscious possession of the petitioner. Having regard to the facts and circumstances of the case, let the petitioner, Chhotelal Dom, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge, F.T.C.– Vth Bettiah (West Champaran) in connection with Narkatiaganj G.R.P.S. Case No.16/06 (Sessions Trial No. 244/09) subject to the condition that the petitioner would be attending the court below on each and every date fixed and failure on his part to attend the court on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below would grant liberty to the court below to initiate proceeding for cancellation of his bail bond and for taking him into custody. Bibhash (Jyoti Saran, J. )