IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43190 of 2008 HARI MANDAL @ HARIYA, Son of Late Baldeo Mandal, resident of Village- Mohanpur under P.S.- Rajoun, District- Banka :----- Petitioner. Versus STATE OF BIHAR:------ Opposite Party. ----------- For the petitioner : Mr. Indeshwari Pd. Mandal, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ==== 2. 20.11.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 396, 412 and 216 of the Penal Code which was registered against 20-21 unknown criminals. It is submitted on his behalf that no recovery was made from the petitioner yet he has been implicated in this case on the basis of the statement of Sanjay Prasad Singh who recorded his statement after about five months of the occurrence that petitioner is involved in the present case. Besides, petitioner has also been named by one co-accused Shambhu Chauhan, who has since been admitted to the privilege of bail by this Court. Besides, the present case it is submitted on behalf of the petitioner that he is accused in three other cases registered for the offences under Sections 399, 402, 395 of the Penal Code and under the Arms Act and besides these three cases he is not accused in any other case. Let the court below verify that petitioner was implicated in this case after about five months of the occurrence by Sanjay Prasad Singh and thereafter also by the co-accused Shambhu Chauhan and if aforesaid statement made on behalf of the petitioner is found correct together with the fact that besides the present case he is accused in - 2 - only three other cases referred to above, then he, namely, Hari Mandal @ Hariya be admitted to the privilege of bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge, F.T.C. No.IV, Banka in connection with Banka (Barahat) P.S.Case No. 400 of 2007, otherwise this order need not be given effect to. P.K.P. (V.N.Sinha,J.)