IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44837 of 2010 Surendra Yadav @ Kamlesh Yadav, son of Sri Mahesh Rai, Resident of Village Jagati Jamunia, P.S. Kotwa, District East Champaran. --------- Petitioner Versus The State of Bihar ------ Opp. Party ----------- 2 26.03.2011 No one appears on behalf of the petitioner. From perusal of the record, this much is clear that neither the petitioner is named in the complaint petition turned into F.I.R. nor there is any other material except the confessional statement of the co-accused Munna Kumar Yadav. As a matter of fact, such allegation is primarily against Mahesh Rai, who is said to have purchased the stolen truck. The petitioner only being the brother of Mahesh Rai, therefore for the present cannot be said to be directly involved in the alleged occurrence. That being so, this Court would direct for release of the petitioner, namely, Surendra Yadav @ Kamlesh Yadav on bail in the event he would surrender within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the 2 satisfaction of Additional Chief Judicial Magistrate, Patna City in connection with Agamkuan P.S. Case No. 230 of 2008, subject to the conditions as laid down under 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. Subject to the aforementioned conditions, the prayer for anticipatory bail of the petitioner is allowed. Rsh (Mihir Kumar Jha, J.)