IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11778 of 2008 OJHI TANTI Versus STATE OF BIHAR ----------- 02. 23.05.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offence punishable under section 394 of the Indian Penal Code. Learned counsel for the petitioner submits that neither the petitioner is named in the F.I.R. nor any incriminating article has been recovered from his possession nor he has been put to test identification parade, although he has remained in custody since 27.09.2007. Learned counsel for the petitioner further submits that the petitioner has been implicated only on the basis of confessional statement of co-accused, namely, Gore Lal and his prayer for bail has been rejected by the learned court below on the ground that the petitioner is a notorious criminal. Learned counsel for the petitioner also avers that the said assumption is absolutely wrong as the petitioner has got no criminal antecedent. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner, namely, Ojhi Tanti 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 Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 172 of 2006. harish (S.N. Hussain, J.)