IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23739 of 2008 CHANCHAL THAKUR Versus STATE OF BIHAR ----------- 2. 1.7.2008 Heard. The case is under Section 396 IPC and the petitioner is not named in the FIR. The driver of the vehicle was suspected having the hand in the commission of the offence and he was arrested and questioned. He named some of the persons as the accomplices excluding this petitioner. Those persons who were named by the driver were also arrested and they in their respective confessions did not name the petitioner but named the cousin of the petitioner namely Rajesh Thakur who in his confession implicated this petitioner. The contention is that the grand father of Rajesh Thakur and present petitioner gifted some properties to the wife of the petitioner and Rajesh Thakur claimed some share in that property and as such was nursing grudge against the present petitioner. Regard being had to the above facts and circumstances and also considering that the petitioner is in spite of being in custody has not been put on test identification parade nor anything has been recovered from him, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Sadar P.S.Case no.404 of 2006. B.Kr. ( Dharnidhar Jha, J. )