IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41724 of 2010 Jyoti Kumar, S/o Krishna Mohan Singh, R/o Mohalla-Gannipur, P.S.-Kazi Mohammadpur, District-Muzaffarpur. …. Petitioner. Versus State Of Bihar ……... Opposite Party. ----------- 2. 22.12.2010 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. Petitioner is an accused for offence punishable under section 379 of the Indian Penal Code. 3. The statement in the F.I.R shows that the informant’s vehicle was hired by some unknown persons and taken to another place, where the driver was drugged and the vehicle was stolen. 4. Learned counsel for the petitioner submits that neither petitioner was named in the F.I.R. nor any incriminating article was recovered from his possession and even test identification parade was not done and the petitioner including others was implicated only on the basis of confessional statement of one of the co-accused persons. Learned counsel for the petitioner further submits that said persons including the petitioner, who were named by co-accused persons, were all implicated in Maniyari P.S.Case No. 20 of 2010 and only on the basis of his implication in the aforesaid case, petitioner has been implicated in the instant case also and he is languishing in custody since 17.02.2010. Learned counsel for the petitioner avers that other co-accused persons with exactly similar 2 allegations namely Raj Kumar and Santosh Kumar @ Santosh Kumar Jaisawal have already been enlarged on bail on the orders of this court passed in Cr. Misc. No. 17824 of 2010 and Cr. Misc. No. 29293 of 2010 respectively. 5. Considering the facts and circumstances aforementioned, petitioner named above is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Maniari P.S.Case No. 162 of 2009. Sujit (S.N.Hussain, J.)