IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26287 of 2010 ROHIT YADAV Versus STATE OF BIHAR ----------- 2 02.08.2010 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 Raiyam P.S. Case No. 29 of 2008 for offences punishable under Sections 395, 397 and 412 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. rather his name has transpired during the course of investigation on the basis of a statement made by a co-accused namely, Sanjay Yadav who himself has been granted bail by this in Cr.Misc. No. 16399 of 2009 vide order passed on 21.8.2009. He further submits that neither there has been any recovery from the conscious possession of the petitioner nor has he been put on I.T. Parade up till now and in these circumstances he has remained in custody since 19.08.2009. Having regard to the circumstances and submission of learned counsel, let the petitioner namely, Rohit Yadav be released on bail on 2 furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Raiyam P.S. case No. 29 of 2008 subject to the following conditions:- 1. that one of the bailors of the petitioner would be his father and who would be under a duty to inform the Court below in case this petitioner is named or gets involved in any other case of similar nature after his release whereupon the Court below shall be at liberty to cancel the bail bonds of the petitioner on grounds of misuse. 2. that the petitioner would accept the police papers and would attend the Court below without any break and if the petitioner does not attend the Court below on two consecutive dates without reasonable explanation to the satisfaction of the Court below, the Court below would be at liberty to initiate proceeding for cancellation of his bail bond and for taking him into custody. Bibhash ( Jyoti Saran, J.)