IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26802 of 2010 Yogendra Sahani @ Bhutta Sahani, S/o Rambalak Sahni, R/o Village- Sonpur, Mina Bajar, P.S.-Sonepur, District- Sonepur, District- Saran(Bihar). ……Petitioner. Versus THE STATE OF BIHAR ----------- 3. 11.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. Petitioner is an accused for offence punishable under section 396 of the Penal Code. 3. Although this is a matter with regard to bank dacoity in Utter Bihar Gramin Bank in the district of Muzaffarpur and killing of a person by bomb which was thrown by the culprits while fleeing, but petitioner is neither named in the F.I.R. nor he has been put on T.I. Parade, although even according to the prosecution case, the culprits were without any mask. 4. Learned counsel for the petitioner submits that neither any money nor any other article has been recovered from the possession of the petitioner or on the basis of his statement and he has been implicated only on the basis of confessional statement of co-accused. Learned counsel for the petitioner further submits that even the 1st Additional Sessions Judge, who has rejected the prayer for bail of the petitioner, could not find any material in the case diary against the petitioner and had rejected his petition for bail only on the basis of charge sheet submitted by the police against the petitioner. Learned counsel for - 2 - the petitioner further submits that petitioner is in custody since 28-06-2009. 5. Considering the aforesaid facts & circumstances of the case, petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Saraiya P.S.Case No. 135 of 2009. Sujit (S.N. Hussain, J.)