IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36083 of 2009 RAMANAND PASWAN @ RAM NANDAN PASWAN S/O LATE BASU PASWAN VILL- KOLUA PAIJANBARPUR, P.S- AHIYAPUR, DISTT- MUZAFFARPUR Versus THE STATE OF BIHAR ----------- 2. 3.11.2009 Heard counsel for the petitioner and the counsel for the State. Taking into consideration that the petitioner was not named in the F.I.R. for an offence u/ss 395/397 and other allied offences of the Indian Penal Code and the complicity of the petitioner in the alleged offence had emerged only on the basis of confession of a co-accused, namely, Md. Imtiyaz and even though such confessional statement is corroborated from the recovery made from Md. Sabir @ Bhola, Ram Pravesh Sahni and Ram Swaroop Sahni, which by itself would put the case of the petitioner on a different footing and infact almost on same footing as that of co-accused Sunil Sahni, who too alike the petitioner had not been identified even in the Test Identification Parade and was directed to be released on bail by this Court by an order dated 1.6.2009 in Cr. Misc. No. 8904 of 2009. Thus, taking into account the aforementioned circumstances as also that 2 the involvement of the petitioner in this case remains only on the basis of confession of a co-accused and that the petitioner has got no criminal antecedent, this Court by also taking into consideration that the petitioner has remained in custody since 24.9.2008 i.e. almost 14 months, would direct the abovenamed petitioner to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Jairam Prasad, Judicial Magistrate, 1st Class, Muzaffarpur in Pear P.S.Case No. 70/2008, Trial No. 2697/2009, on a specific condition that one of the bailers will be either of the parents or the wife of the petitioner and that the petitioner shall not only receive the police papers in time but shall also remain present regularly in course of trial and his absence on two consecutive dates in course of such trial shall entail the automatic consequence of cancellation of his bail under this order. (Mihir Kumar Jha,J.) Surendra/