IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27144 of 2011 Ram Kumar @ Ramjee Rai, S/O-Ram Naresh Rai Versus The State Of Bihar ----------- 03 18.11.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 28.05.2009 in a case initially, registered under Sections 364, 406 and 420 of the Indian Penal Code but subsequently, Sections 302, 201 and 120 B of the Indian Penal Code were also added. Petitioner is not named in the first information report and his name surfaced in this case in confessional statement of co- accused persons. It appears from perusal of the impugned order that learned Additional Sessions Judge has rejected the prayer for bail of the petitioner only because the dead body of victim of this case was recovered on the basis of confessional statement of petitioner but learned counsel appearing for the petitioner drew my attention towards Paragraph Nos. 13 & 14 of supplementary case diary and submitted that the statement of one co-accused Sudhir Kumar Sah @ Netajee was recorded on 15.05.2009 and after that the dead body of the deceased was recovered and it is also pointed out by him that the confessional statement of this petitioner was recorded on 27.05.2009. So, it cannot be said that the dead body of the deceased has been recovered on the basis of confessional statement of this petitioner. It is further pointed out by him that co-accused Sudhir Kumar Sah @ Netajee has already been granted privilege of bail by another Bench of 2 this Court vide order dated 12.08.2011 passed in Cr. Misc. No. 37258 of 2010 and similarly, the prayer for bail of other co-accused have also been allowed by different Benches of this Court. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 05 of 2009. SHAHZAD ( Hemant Kumar Srivastava, J.)