IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11415 of 2010 BALRAJ SAHANI, S/O LATE PRABHU SAHANI, R/O VILLAGE –RAJWARA, P.S. PEAR, DISTRICT- MUZAFFARPUR……………………………………PETITIONER. Versus THE STATE OF BIHAR…………………………………OPP.PARTY. 3 30-06-2010 Heard learned counsel for the petitioner and the State. The petitioner is languishing in jail since 3.12.2009 in connection with a case registered under section 396 I.P.C.. It is submitted by the learned counsel for the petitioner that he is not named in the F.I.R.. His name sprang up on the statement of Banarasi Devi who described this petitioner as a close friend of her son who happens to be a veteran criminal. The petitioner was never put on T.I.P. nor any recovery has been made. The petitioner is not involve in any other case prior to present case but after being arrested in the present case, the petitioner was remanded in Katra P.S. Case No. 183 of 2009 registered under section 395 of the I.P.C. merely on suspicion in which the petitioner has already been granted bail. Learned counsel for the state has admitted that no T.I.P has been held nor any recovery has been made from the petitioner but charge sheet has been submitted against the petitioner. Considering the fact that no substantial material has come against the petitioner during the investigation and his name sprang up in the confession of Banarasi Devi and he was never put on T.I.P. nor any recovery has been made,.let the petitioner above 2 named be released on bail on furnishing bail bond of Rs. 10,000(ten thousand) with two sureties of the like amount each to the satisfaction of Learned Chief Judicial Magistrate, Muzaffarpur in connection with Gaighat P.S. Case No. 313 of 2009. It is made clear that the bail bond of the petitioner will not be accepted if he is involved in more than two cases including the present one. S.P. ( Dinesh Kumar Singh, J.)