IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35957 of 2009 JAI JAI RAM SAHNI son of Sri Raghu Sahani resident of village-Kulhariya P.S. Parbatta District-Khagaria. Versus THE STATE OF BIHAR ----------- 2 28/10/2009 Heard counsel for the petitioner and counsel for the State. Considering the fact that the petitioner, not named as an accused in the First Information Report, has ultimately been found to be involved in this case for an offence under sections 364/364 A of the Indian Penal Code only on the basis of his own confessional statement before the police and the victim even after his recovery had neither named the petitioner in his statement under section 164 of the Cr.P.C. or even otherwise before the police, this Court, taking into account that the petitioner is in custody for a period over six months (w.e.f. 15.4.2009), would direct for his release on bail if the petitioner has no other criminal antecedent beyond the two cases of the year 2000 including one under sections 25/26 of the Arms Act. In other words, the petitioner shall be released on bail if he has not been made an accused in any other criminal case except above two cases and the present case. On such verification, the petitioner, namely, Jai Jai Ram Sahni shall 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 C.J.M. Khagaria in Parbatta P.S. Case No.41 of 2009, on a specific condition that as and when he would 2 be required to be present in course of trial he would remain present and his absence for two consecutive dates shall entail automatic cancellation of his bail. Abhay Kumar (Mihir Kumar Jha, J.)