IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1120 of 2009 UDAY PASWAN @ TIWARY SON OF LATE BALDEO PASWAN RESIDENT OF VILLAGE MONA BIGHA P.S. KONCH DISTRICT GAYA. Versus THE STATE OF BIHAR ----------- 2/ 11-02-2009 Heard. The case is under section 396 of the Indian Penal Code and the petitioner is not named in the F.I.R. Whatever the material the trial court has indicated in his rejection order, in my considered view is not justified for incarceration of a man even for a day. The plank of the petitioner is that he has completed almost ten years in custody. If the trial court could look to the provision of section 396 of the I.P.C. one could find that there are three alternative sentences: one that of death, second that of imprisonment for life and lastly the imprisonment for ten years. The petitioner has almost served out one of the alternative sentences which could have been imposed upon him. Submission is that in spite of framing of the charges, not even single witness has been examined. The learned Judge, who dismissed the prayer for bail, has attempted to put down some circumstances so as to justifying himself and his order. But to this Court it is yet another instance of confinement and that too without trial for a period which could be a period of sentence as indicated above. Let the above named petitioner be immediately released from custody on furnishing his P.R. bond of Rs. 500/- without any surety to the satisfaction of Fast Track Court No. III, Gaya in Chandauti P.S. Case No. 78 of 1998 arising out of Sessions Trial No. 5 of 2006. BTiwary/ ( Dharnidhar Jha, J )