IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41021 of 2008 MANOJ YADAV Versus STATE OF BIHAR ----------- For the petitioner: Mr. Satyapal Singh, Advocate. For the State : Mr. Upendra Kumar, APP. 3 18.12.2008 Heard. Petitioner seeks bail in a case instituted under Section 364(A) of the Penal Code. First Information Report was lodged against unknown. In course of investigation it is alleged that on the basis of confessional statement of co-accused Rajendra Bhar the name of the petitioner transpired and petitioner was apprehended and it is further alleged that he made confessional statement. Learned counsel for the petitioner submits that aforesaid Rajendra Bhar had named Raju Tiwry as well as Udhari Bhar in his alleged confessional statement. Aforesaid Raju Tiwari and Udhari Bhar have since been released on bail by this court. Learned counsel for the petitioner further highlights that apart from the aforesaid alleged confessional statement of the petitioner and the confessional statement of Rajendra Bhar there is nothing on record to connect the petitioner with the offence. It has further been submitted that the victim after his release made statement under 164 Cr.P.C. in which he has not named the petitioner. From the records it appear the complicity of co-accused Rajendra Bhar appears to be explicit as recovery was made from the house on the basis of such statement. It is further submitted 2 that petitioner is in custody since 20.05.2008 This court appreciates the statement made on behalf of petitioner that apart from the confessional statement there appears to be nothing on record to implicate the petitioner. Having regard to the aforesaid facts, this court is inclined to admit the petitioner to bail. Let the petitioner, namely, Manoj Yadav be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge, Fast Track Court No. I, Buxar in Sessions Trial No. 239/2008 arising out of Dumaraon ( Naya Bhojpur) P.S. Case No. 19/2008, subject to the condition that one of the bailors should be the own/close family member of the petitioner. Sym ( Kishore K. Mandal, J.)