IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31686 of 2008 MAHANTH YADAV … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Udaay Chanad Prasad For the State: Smt. I.B. Pandey, A.P.P. - - - - 7. 21.10.2008 Heard both the sides. Similarly situated accused Ram Chandra Sah has been granted bail by me, as may appear from the order dated 9.9.2008 in Cr. Misc. No. 34599 of 2008. This petition was placed before me by the orders of the Hon’ble the Chief Justice on the above score. If material could not be justifying negation of a prayer, a Judge could not negate the prayer and the case could not be ordered to go out of one’s list. Regard being had to the fact, specially, the fact that there is no material against the petitioner except the confession of a co-accused and further that other accused being put on Test Identification Parade which was not the case of the present petitioner, let him, namely, Mahanth Yadav be released from custody on his furnishing a personal Recognizance bond of Rs. 500/- only without any surety to the satisfaction of the Chief 2 Judicial Magistrate, Madhepura, in Murliganj P.S.Case No. 33 of 2008. Kanth ( Dharnidhar Jha, J.)