IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31887 of 2009 MANOJ PASWAN S/o- Late Pavitar Pawan Resident of village-Bir, P.S.Dhanarua, Distt. Patna Versus STATE OF BIHAR ----------- 2 03.09.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in a case arising out of Dhanarua P.S. Case No. 275 of 2007 (Sessions Trial No. 1405 of 2008) registered under Sections 395, 397 and 412 of the Indian Penal Code. It is stated that petitioner is neither named in the F.I.R. nor put on T.I. Parade or any incriminating article has been recovered from his possession. It has further been contended that he has been arrested merely on the basis of confessional statement of the accused persons. Counsel for the petitioner further states that petitioner is in custody since 15.12.2007. Counsel for the petitioner has also drawn my attention towards two orders of this Court passed in Cr.Misc. No. 23640 of 2008 2 (Rakesh Bind & Ors versus State of Bihar) disposed of on 07.07.2008 and Cr. Misc. No. 48077 of 2008 (Sukhu Bind & Ors versus State of Bihar) disposed of on 22.01.2009. Contention of the counsel for the petitioner is that the case of the present petitioner is also same or on similar footing. Having regard to the facts and circumstances of the case, let the petitioner, Manoj Paswan, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge, F.T.C. IInd, Patna in connection with Dhanarua P.S. Case No. 275 of 2007 (S.Tr.No.1405 of 2008) subject to the conditions that the petitioner would be attending the court on each and every date unless a reasonable explanation to that effect is given. It would be open to the court below to take him in custody in case the petitioner defaults on two consecutive dates without offering any reasonable explanation and does not cooperate with the trial. Bibhash (Jyoti Saran, J. ) 3