IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31258 of 2008 BINOD PASWAN Versus STATE OF BIHAR ----------- For the petitioner : Mr. Niraj Kumar For the State : Mr. J.S.P. Singh, A.P.P. 3 19.8.2008 Heard learned counsel for the petitioner and the learned counsel for the State. Petitioner is accused in a case instituted under section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is neither named in the first information report nor any thing has been recovered from his possession. He further states that he has not been put on any T.I.P. despite of the fact that the informant has claimed to have seen the miscreants. He has further submitted that petitioner has been implicated in this case only on the basis of confessional statement of Mahesh Paswan which has no evidenciary value. Petitioner is said to be in jail custody since 19.11.2007. Further submission of the petitioner is that similarly situated co-accused Ram Pravesh Rai who was also named by the aforesaid Mahesh Paswan has already been granted bail by this court in Cr. Misc. No. 13405 of 2008. Learned counsel for the State submits that the name of the petitioner has come up on the basis of confessional statement of Mahesh Paswan. Having regard to the facts and circumstances of the case and the submissions made on behalf of the parties let petitioner Binod - 2 - Paswan be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Hajipur, Vaishali in connection with Tisiauta P.S., case No. 19 of 2003 subject to the condition that one of the bailors must be his family member. Rahman/ (Dr. Ravi Ranjan, J)