IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31636 of 2009 SHARWAN KUMAR @ MANWA s/o Sri Dularchand Mahto resident of village- Khemnichak, P. O. Manoharpur Kachhuwara, P. S. Ram Krishna Nagar (Gaurichak) District- Patna….. Petitioner. Versus STATE OF BIHAR ----------- 5. 25.11.2009 Heard counsel for the petitioner and counsel for the State. The petitioner has been made accused for offence under Sections 395/397 of the Indian Penal Code only on the basis of confessional statement of co-accused Sunil Kumar who was apprehended at the spot. Counsel for the petitioner would submit that barring the aforementioned confessional statement there is no other connecting material so as to even suggest any role played by the petitioner in the alleged offence. He would also refer to order of this court granting bail to co-accused Virendra Kumar under the similar circumstance. In this case case-diary as well as a report of criminal antecedent was called for and from them also nothing transpires so as to directly connect the petitioner. Of course in the report of criminal antecedent two cases have been shown to be pending against 2 the petitioner including the present one but then as a matter of fact both cases appear to be out of the same transaction one being the present case and the other under Arms Act. Considering the aforementioned aspect and taking into account that the case of the petitioner stands on similar footing as that of co-accused Virendra Kumar, this court would direct for release of the petitioner on bail on the following conditions: (i) The petitioner shall be released on bail only if one of the bailors will be either of his parents or a gazetted Government servant. (ii) The petitioner shall without fail appear before the Officer In- Charge of Pibahore Police Station on every first Monday of the month and failure to do so even on one day will entail the consequence of cancellation of bail. (iii) The petitioner shall remain present without fail during the course of trial and his continuous 3 absence for two consecutive dates will itself lead to consequence of cancellation of bail. On ensuring the aforementioned conditions, the court below is directed to release the abovenamed petitioner on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Pirbahore P. S. Case no. 126 of 2009. kanchan (Mihir Kumar Jha, J.)