IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38392 of 2009 NIRANJAN KUMAR @ NIRANJAN KUMAR YADAV . Versus THE STATE OF BIHAR . ----------- 2 11.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Buniyadganj P.S. Case No. 78/2009 for the offence punishable under Section 392 of the Indian Penal Code. Substance of allegation as set out in the F.I.R. is that three persons riding in Glamour Motorcycle arrived at petrol pump and looted the same and took away the cash, sale proceeds, mobile sets etc. from the staff of the petrol pump. The cash amount is said to be to the tune of Rs. 40 to 45,000/- Learned counsel for the petitioner submits that the petitioner has been wrongly implicated in the present case on the basis of statement made by an spy who claims to have seen this petitioner moving around before the occurrence. Learned counsel further submits that even the confessional statement of one Santosh Kumar no specific role has been attributed to this 2 petitioner except of providing information. Learned counsel thus submits that it is evident that the petitioner was not one of the three persons who committed the wrong. Learned counsel further submits that the petitioner has a clean antecedent and has never been involved in any criminal case. Having regard to the facts and circumstances of the case, let the petitioner, Niranjan Kumar @ Niranjan Kumar Yadav, 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 the Chief Judicial Magistrate, Gaya in connection with Buniyadganj P.S. Case No.78/2009 subject to the following conditions:- (a) One of the bailors would be his father who would not only state his relationship but would also certify the antecedent of this petitioner. (b) 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 3 grant liberty to the court below to initiate proceedings for cancellation of his bail bond and for taking him into custody. Bibhash (Jyoti Saran, J. )