IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34309 of 2009 MD.KAILA @ KAILA MIAN, SON OF MD. BUDDHU, RESIDENT OF VILLAGE DEHTIGHAT TOLA (NABAB TOLA), P.S. PALASI, DISTRICT-ARARIA……………………………………….PETITONER. Versus THE STATE OF BIHAR…………………………..OPPOSITE PARTY. ----------- For the Petitioner : Anil Prasad Singh, Advocate. For the State : Mr. R.P. S. Singh, A.P.P. --------- 2. 12.10.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case under Sections 395 and 412 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner is not named in the F.I.R., however, his name has surfaced upon the confessional statement of one of the co-accused Habib alias Habwa alias Mir Habib from whom there was recovery also. It is further submitted that there is no recovery from the possession of the petitioner. Though the petitioner is in jail custody since 24.7.2009, he has not been put on T.I. Parade . It is also submitted that the aforesaid co-accused Habib alias Habwa alias Mir Habib, from whose possession there was recovery and who has named the petiotner, has been granted bail by a Bench of this Court vide order dated 13.4.2005 passed in Criminal Misc. No.11399 of 2005. Learned counsel for the petitioner has produced the copy of the aforesaid order before me. Let it be kept on record. - 2 - It is submitted on behalf of the State that the co-accused Habib alias Habwa alias Mir Habib has named the petitioner in his confessional statement. Having regard to the facts and the circumstances of the case, the petitioner, Md. Kaila @ Kaila Mian, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. , Araria, in connection with Palasi P.S. Case No.138/04 corresponding to G.R. No.1792/2004, with a further condition that one of the bailors of the petitioner must be the close relative of his family member. P.S. (Dr. Ravi Ranjan,J)