IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37158 of 2009 JAI RAM MANDAL SON OF JETHU MANDAL RESIDENT OF VILLAGE KALYANPUR(KHIRKHIRIA), POLICE STATION AMARPUR,DISTRICT BANKA Versus THE STATE OF BIHAR For the petitioner : Mr.Ajay Mukherjee For the State : Mr.Addl.P.P. ----------- 03/ 24.11.2009 Heard learned counsel for the parties. The petitioner seeks bail in a case which has been registered against 5 to 6 unknown under Section 396 of the Indian Penal Code and 27 of the Arms Act on 24.4.2006 with regard to an occurrence of previous night. Later on Section 412 of the Indian Penal Code has been added. Submission is that except confessional statement of co-accused Jai Prakash Sah alias Prakash Sah, there is nothing against the petitioner. The petitioner is neither named in the first information report nor he has been put on test identification parade. The person who confessed about the petitioner was put on trial but due to lack of evidence, he has been acquitted by Additional Sessions Judge, Fast Track Court, Banka in Sessions Case No. 1136 of 2006 (annexure-2). Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in Rajoun P.S.Case No. 39 of 2006. Tahir/- ( Shyam Kishore Sharma, J.)