IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6826 of 2010 MD.SAGIR Versus STATE OF BIHAR -- -----a---- 2 26.2.2010 Heard Mr.S.A.Najmi, learned counsel for the petitioner and Mr.A.Haque, learned Addl.P.P. for the State. Petitioner is an accused in a case instituted under sections 457 and 382 of the I.P.C. It is submitted by the learned counsel for the petitioner that he is not named in the F.I.R. as accused and he has been named by one co-accused, Kameshwar @ Sadhu Paswan as an accused in his confessional statement recorded by the police. It is also submitted that confessional statement of the aforesaid co- accused was result of torture made by the police upon him. It is also submitted that some clothes and utensils which have been recovered from the house of the petitioner are of general use and can be had by any body also. It is stated that the petitioner is in jail since 18.11.2009. In the facts and circumstances of the case, let the petitioner above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Gaya, in Anti P.S. Case No.38/09 provided one of the bailers must be either a government servant or a family member of the petitioner. It is further made clear that if the petitioner is found involved in similar type of case in future, then it shall be open 2 for the prosecution to file a petition for cancellation of bail of the petitioner in the court below and the court below shall be obliged to dispose of the same in accordance with law after giving an opportunity to all concerns. AnilKr.Sinha (Birendra Prasad Verma,J.)