IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45060 of 2010 NAND LAL SAO @ NAND KISHORE SAH, son of Moti Sah, resident of village- Amirtha, P.S. Kudra, District- Kaimur…. Petitioner. Versus THE STATE OF BIHAR ----------- 2. 26.03.2011 Heard learned counsel for the petitioner and learned counsel for the State. Taking into account the nature of allegation of recovery of huge railway articles from the shop of the petitioner, a Kabari Shop, this Court would be inclined to grant anticipatory bail to the petitioner said to be aged about 80 years only if he would deposit a sum of Rs.25,000/- (Twenty Five Thousands) in cash within a period of four weeks from today. Such privilege to the petitioner is also being given only on account of his old age and his specific defence that on the date of seizure of the alleged stolen Railway articles from his Kabari shop, he was under treatment in All India Institute of Medical Science at New Delhi. That being so, if the petitioner, namely, Nand Lal Sao @ Nand Kishore Sah would surrender and furnish payment of Rs.25,000/- in cash within a period of four weeks from today, he would 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 Judicial Railway Magistrate, Gaya in connection with Sasaram R.P.F. Post Case No. 17/2010, subject to the conditions as laid down under 2 Section 438(2) of the Cr.P.C. as also subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail. It goes without saying that the amount of Rs.25,000/- so deposited by the petitioner shall be kept in a post office fixed deposit scheme and its return to the petitioner shall be dependant on the outcome of the criminal case. Subject to the aforementioned conditions, the prayer for anticipatory bail of the petitioner is allowed. kanchan (Mihir Kumar Jha, J.)