IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19337 of 2010 KAMESHWAR PASWAN Versus STATE OF BIHAR ----------- 3. 21.6.2010. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sheosagar P.S.Case No.241 of 2009 for the offence punishable under section 395 of the Indian Penal Code and later on section 412 of the Indian Penal Code was added. The name of the petitioner has transpired on the basis of the confessional statement of a co-accused Sanjay Kumar from whose possession some looted articles were recovered. Learned counsel for the petitioner submits that except the confessional statement of Sanjay Kumar, there is no other material to connect the petitioner with the alleged occurrence. He submits that neither any looted article was recovered from the possession or from the house of the petitioner nor he was put on test identification parade. He further submits that the petitioner has clean antecedent. Having regard to the circumstances, let 2 petitioner Kameshwar Paswan 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 the Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sheosagar P.S.Case No.241 of 2009, subject to the condition (a) that the father of the petitioner would stand as one of the bailors and would be under duty to inform the court in case of any change of address of the petitioner, (b) that the petitioner would file an affidavit regarding his clean antecedent which would be verified from the Superintendent of Police, Kaimur at Bhabhua and upon verification if the same is found untrue, the petitioner would not be released, (c) that the petitioner would receive the police papers without causing delay and would be attending the court below on each and every date fixed in the case and failure on his part to attend the court below on two consecutive dates fixed without reasonable explanation to the satisfaction for the court concerned would confer liberty on the court below to initiate proceedings for cancellation of his bail bond and for taking him into custody, (d) that the bailors would also be under duty to inform the court in case the 3 petitioner is named or is involved in any other case of similar nature after his release and in which event, the court concerned would be at liberty to initiate proceedings for cancellation of his bail bond and for taking him into custody. ahk (Jyoti Saran, J.)