IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7234 of 2009 ---- Nitin Kuar @ Nitin Shahi S/o Rama Shankar Singh @ Chhote Singh, resident of Village-Shahi Minapur P.S.-Aurai, District- Muzaffarpur. -- Petitioner. Versus The State of Bihar -- Opposite party. ---- 02. 01.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under Section 394 of the Indian Penal Code as well as Section 27 of the Arms Act. Learned counsel for the petitioner submits that he is neither named in the F.I.R, nor he was arrested on the spot, nor any incriminating article has been recovered from his possession and there is no evidence at all to show his involvement in the alleged crime of robbery. Learned counsel for the petitioner further states that merely due to his involvement in another case he has been implicated in the instant case also. Learned counsel for the petitioner also avers that he is in custody for about eight months. Learned counsel for the petitioner further submits that a similarly situated co-accused, namely Sujeet Rai @ Pappu Rai has been enlarged on bail by a bench of this court vide order dated 01.04.2009 passed in Cr.Misc.No.90 of 2009. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let - 2 - petitioner, namely Nitin Kumar @ Nitin Shahi, be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sri Pankaj Mishra, Judicial Magistrate, 1st Class, Muzaffarpur in connection with Minapur P.S.Case No.294 of 2007 (Tr.No.3488/2008). Sunil (S. N. Hussain, J.)