IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc.No.486 of 2009 BISHUNDEO RAI @ KISHUNDEO RAI, son of late Arjun Rai, resident of village- Bhansiya Bhitha,P.S.-Barahat,District- Banka. Versus STATE OF BIHAR With Cr.Misc.No.30622 of 2008 RAWAN SAH,son of Nand Kishore Sah, resident of village-Mahua,Lanka Tola, P.S.-Barahat,District-Banka. Versus THE STATE OF BIHAR ----------- 02/ 26-02-2009 As both the cases arise out of the same police station case number, they are heard together. Submission of the learned counsel for the petitioner (in Cr.Misc.No.486/2009) is that there is no material in the case diary at all to connect the petitioner with the incident, nor he has been named in the FIR. He further submits that the case of the petitioner stands on similar footing to that of co-accused Surendra Chauhan, who has been allowed bail by a Bench of this Court in Cr.Misc.No.23521 of 2008. Accordingly, let the above named petitioner (in Cr.Misc.No.486/2009) be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-F.T.C.-IV, Banka in connection with S.T.No.1036/08, arising out of Banka(Barahat) P.S.Case No.400/2007. For the petitioner of Cr.Misc.No.30622/2008, it has been submitted that the petitioner is not named in the FIR and the only material collected up till now is that sniffer dog entered into his house 2 but no recovery was made and the circumstances that appearing in evidence is rare. The above material is sufficient to reject the prayer for bail, even considering the period of his custody since 10.12.2007. Accordingly, prayer for bail of the petitioner, Rawan Sah is rejected. AH/ ( Mandhata Singh, J. )