IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11466 of 2010 MUNNA TIWARY @ PRIYA NATH TIWARY son of Bihari Tiwary, resident of village Barki Naini Jore, P.O. and Police Station Naini Jore, District Bauxar, … …Petitioner Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: M/s Shreenandan Pd. Singh and Ashok Kumar No. 1, Advocates For the State : Mr. U.S.P. Singh, APP ----------- 2 29.04.2010 Heard learned counsel for the petitioner and the State. The petitioner is in custody and seeks bail in a case registered under section 394 of the Indian Penal Code. Learned counsel for the petitioner submitted that the petitioner, who is not named in the first information report, has been implicated on the basis of confessional statement of co- accused Shashi Kant Tiwary as well as his self incriminating statement, which has got no evidentiary value. It is further submitted that there is no recovery of the alleged stolen motor cycle from the possession of the petitioner. However, there was alleged recovery of motor cycle in connection with Brahampur P.S. Case No. 218/09. Apart from this, the petitioner is an accused in Brahampur P.S. Case No. 218/09 and Buxar Police Station Case No. 96/09. However, it is contended that in both the cases the petitioner had been granted bail by this Court in Cr. 2 Misc. Nos. 3424 of 2010 and 34237 of 2010. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, MUNNA TIWARY @ PRIYA NATH TIWARY, to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in Brahmpur Police Station Case No. 179/09 with further condition that one of the bailors must be the father. Further, after his release, if the petitioner is again found involved in similar kind of offences, the court concerned would be at liberty to take steps for cancellation of his bail bonds. The petitioner shall also remain present on each and every date during the course of the trial and if he fails to remain present on two consecutive dates in course of trial without any reasonable cause shown by him, the court concerned would be at liberty to take steps for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)