IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27581 of 2010 CHUNNI RAI @ CHUNNI YADAV Versus THE STATE OF BIHAR ----------- 2 28.9.2010 KHAN Heard counsel for the petitioner and the State. The petitioner is an accused in a case under sections 302, 120(B)/34 of the Penal Code and section 27 of the Arms Act as well as section 3/5 of the Explosive Substance Act. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and his name figured on the confessional statement of co-accused Amarjeet Kumar @ Sabloo @ Babloo. However, no specific overt act has been attributed against the petitioner. He further submits that similarly situated co- accused Satyendra Yadav has been granted bail by a bench of this court by order dated 27.8.2010 passed in Cr.Misc.No.19798 of 2010. Considering the facts and circumstances of the case, the petitioner Chunni Rai @ Chunni Yadav is directed to be released on bail in connection with Malsalami P.S. Case No.212 of 2009 on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of Shri Rakesh Kumar, Judicial Magistrate Ist Class, Patna City subject to the condition that he would not absent himself in the court below for two consecutive dates till three witnesses are examined in trial. (S.P.Singh,J) 2