IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28631 of 2009 BISHWANATH SAH Versus STATE OF BIHAR ----------- 2 8.10.2009 Heard learned counsel for the petitioner and the State. Gathering of criminals for committing dacoity though was found true, two of three gathered miscreants were apprehended, found with fire arms also but did not disclose the name of petitioner as third one who succeeded to flee. At a later stage the confessional statement was recorded to the effect that the miscreants were invited by this petitioner to commit dacoity in the house of one Ashok Sah which, in my view, does not justify petitioner’s arrest at the moment. In view of facts, the above named petitioner shall be released on bail, in the event of arrest or surrender within one month from the date of communication of this order, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur West in Motipur P.S.Case No. 180/2008, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI