IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.21172 OF 2009 BRAHAMDEO PASWAN, SON OF LATE ADHIK PASWAN, RESIDENT OF VILLAGE BATH, POLICE STATION BATHI, DISTRICT BHAGALPUR VERSUS STATE OF BIHAR ----------- 4 15.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 395 and 397 of the Indian Penal Code. Petitioner is not named in the first information report and nothing has been recovered from his possession and he has not been put on test identification parade for identification by the inmates of the house. It is submitted by learned counsel for the petitioner that petitioner has been implicated only on the basis of confessional statement of one co-accused Rajesh Kumar @ Raju. However, he submitted that said Rajesh Kumar has been allowed bail by a Bench of this Court by order dated 15.5.2008 passed in Cr. Misc. No.54817 of 2007. Learned counsel for the petitioner submits that said Rajesh Kumar was identified by the witnesses in T.I. Parade. From the said order dated 15.5.2008 it appears - 2 - that this fact was not brought to the notice of the Court which allowed him on bail. Petitioner is in custody since 12.2.2008. It is submitted by learned counsel for the petitioner that petitioner is an accused in one more case in which he was allowed bail earlier. Considering the fact that co-accused in whose confession, the name of the petitioner has transpired, has been allowed bail by a Bench of this Court, this application is allowed. Let petitioner (Brahamdeo Paswan) be enlarged 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 Additional Sessions Judge, F.T.C. 1, Bhagalpur in S.T. No.1074 of 2008 arising out of Shahkund P.S. Case No.78 of 2007 with conditions as laid down in sub- section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the - 3 - satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)