IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7359 of 2008 TUNTUN KUMAR @ RATNESH SINGH Versus STATE OF BIHAR ----------- 4/ 21.08.2008 Heard. The petitioner is not named in the First Information Report and was arrested soon after the offence subsequently by the police of Brahmpura police station. Some recoveries are also alleged against the petitioner but that is of arms for which a separate case was registered by the Brahmpura police station. The learned Judge, dismissed the prayer for bail making sweeping statement that an attaché case was also recovered from the possession of the accused persons, I have been taken through the relevant part of the case diary which speaks about recoveries from three apprehended accused. The finding of fact by the Court below could not be said to be correct. Considering the fact that there was no recovery of any looted property from the possession of the petitioner Tuntun Kumar @ Ratnesh Singh is directed to be released from the custody on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S. Case No. 256 of 2007. kksinha/ (Dharnidhar Jha, J.)