IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50920 of 2008 KAPIL THAKUR, son of Raj Nandan Thakur, Resident of village-Kosut, P.S.Dhanaura, Distt.-Patna ----------Petitioner. Versus STATE OF BIHAR ----------- 2. 21.1.2009 Heard Mr. Raj Dular Sah, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The case is under section 395 of the Indian Penal Code and the petitioner is not named in the F.I.R. and inspite of being in custody since 12.6.2008 was not put on T.I.P. There is no recovery of any theft property from the petitioner. The petitioner’s name appears in the confessional statement of the co-accused and the learned Addl. Sessions Judge-X, Patna, appears influenced more by the absence of the petitioner from his house than any objective material which could indicate complicity of the petitioner in the offence. Let petitioner named above be released on bail on furnishing personal recognizance bond of Rs.500/-(Five hundred only) without any surety to the satisfaction of the Sessions Judge, Patna, in connection with S.Tr. no.104 of 2009 arising out of Bhagwanganj P.S. case no.172 of 2008. sudip ( Dharnidhar Jha,J )