IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33361 of 2009 Shambhu Singh, son of Late Subansh Pd. Singh, resident of Village-Dumri Baiju, P.S. Patahi, District-East Champaran, (Motihari). ……………………………………..Petitioner. Versus The State of Bihar ……………………………Opposite Party. ----------- 4. 03. 03. 2010. Heard Mr. Ravindra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Upendra Kumar, learned Additional Public Prosecutor for the State. The petitioner is an accused in a case instituted for offences punishable under Sections 395, 397, 307 of the Indian Penal Code and Section 27 of the Arms Act and 3/4 of the Explosive Substance Act. It is submitted by the learned counsel for the petitioner that petitioner is not named in the F.I.R. Though, petitioner is in judicial custody since 02. 04. 2009, but he has not been put on Test Identification Parade. It is also submitted that there has been no recovery of any incriminating articles either from the house or from the possession of the petitioner. It is further submitted that similarly situate other co-accused persons have been granted bail by different orders passed by different Benches of this Court. Learned counsel for the State has also not disputed this position. Be that as it may, in the facts and circumstances of the case, petitioner, namely, Shambhu Singh is directed to be released on bail on furnishing bail bond of Rs. 10,000/- 2 (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sikrahana, at East Champaran at Motihari, in connection with Madhuban P.S. Case No. 91/05 subject to the conditions that one of the bailors should be either a Government Servant or a close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner and secondly, if the petitioner is involved in any other criminal case in future, then it shall be open for the informant or the prosecution to file a petition for cancellation of bail bond of the petitioner. In case, such petition is filed then the court below shall be obliged to dispose of the same in accordance with law after giving opportunity to hear all the parties. m.p. (Birendra Prasad Verma, J.)