IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1554 of 2011 RAJEEV KUMAR @ RAJEEV PASWAN Versus THE STATE OF BIHAR ----------- 2 01.03.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. Supplementary affidavit has been filed on behalf of the petitioner. The petitioner seeks bail in connection with Rahui (Bhagan Bigha) P.S. Case No. 25 of 2007 registered under sections-302, 353, 332, 333, 379, 120B/34 of the Indian Penal Code and section 27 Arms Act. Petitioner is not named in the FIR and it appears that the name of this petitioner came in this case in confessional statement of co-accused, Hare Ram Paswan. Although learned Additional Sessions Judge-Ist, Nalanda has observed that looted mobile phone of the deceased was recovered on the basis of confessional statement of Hare Ram Paswan which has been mentioned at Paragraph-39 of the case diary but it is apparent from the record that the aforesaid recovery has been made from the house of aforesaid co-accused, Hare Ram Paswan and the aforesaid fact has been incorporated by the I.O. at Paragraph- 145 of the case diary. Admittedly, nothing has been recovered from conscious possession of the petitioner. - 2 - In view of the aforesaid facts and circumstances, let the petitioner, namely, Rajeev Kumar @ Rajeev Paswan be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Rahui (Bhagan Bigha) P.S. Case No. 25 of 2007to the satisfaction of Chief Judicial Magistrate, Nalanda at Bihar Sharif. AKV/- (Hemant Kumar Srivastava,J.)