IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13503 of 2009 BARKA MIAN @ AZIZUR RAHMAN, SON OF SARFUDDIN MIAN, RESIDENT OF VILLAGE MAHUAWA, P.S. DHAKA, DISTRICT EAST CHAMPARAN Versus STATE OF BIHAR ----------- 3 20.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 364A and 120B of the Indian Penal Code. Petitioner is not named in the first information report. The victim-boy was later on recovered and his statement was recorded under Section 164, Cr.P.C. In his statement under Section 164, Cr. P.C., he has specifically named two persons, namely, Chulahai Mian and Jhhalu Singh as the main culprits. From Annexure-3 it appears that said Chulhai Mian has been allowed bail by this Court. It is also stated that Jhhalu Singh was put on trial separately and he was acquitted. It is stated that the petitioner was named by the said Jhhalu Singh in extra-judicial confession. Except the same it is stated that there is no material against the petitioner to connect him with the crime. Petitioner is in custody since 1.12.2008. It is stated that the petitioner had one case against him in which he has already been allowed - 2 - bail by this Court. Considering the fact that co-accused who named this petitioner has been acquitted in the trial, the application is allowed. petitioner ( Barka Mian @ Azizur Rahman) is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Prakash Paswan, Judicial Magistrate, Ist Class, Sitamarhi in connection with Bairagania P.S. Case no.10/2002. B.T (J.N. Singh, J.)