IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39391 of 2008 JITENDRA KUMAR SINGH Versus STATE OF BIHAR For the Petitioner :Mr.Baxi S.R.P.Sinha For the State: :Mr. Upendra Kumar,APP ----------- 2. 22.12.2008 Heard. The petitioner prays for bail in a case instituted under section 395 IPC. Admittedly, the petitioned is not named in the FIR. As per the allegation available on record, on 28.7.2006 the confessional statement of one Bir Bahadur was recorded in which he is stated to have named Mantu Singh as one of the co-associates. The said statement further indicates that the looted motor-cycle was handed over to the petitioner who is the brother-in-law of Mantu Singh. It further appears that another co-accused namely Shri Bhagwan, on his arrest, also made same kind of statement. Counsel for the petitioner submits that on the basis of these two confessional statements, the petitioner was arrested on 30.7.2008 and a search was carried out in his house wherefrom nothing was recovered. Counsel for the petitioner further highlights that there is no criminal antecedent of the petitioner and that on the basis of these materials the petitioner is in custody since 30.7.2008. Learned APP admits that the looted articles including the motor-cycle was not recovered from the house of the petitioner. Having regard to the facts appearing from the record and - 2 - after hearing both sides, this Court is persuaded to admit the petitioner on bail. Let the petitioner abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of C.J.M Bhojpur at Ara in Piro p.s.case no.88/2008, subject to the condition that one of the bailors should be close/own family member of the petitioner. hr ( Kishore K. Mandal )