IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50279 of 2007 DEVENDRA PRASAD MAHTO Versus THE STATE OF BIHAR ----------- 04. 15.05.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under Sections 364 and 396 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation is that there was a road robbery in which a truck was looted and a driver was killed and other persons were injured. Learned counsel for the petitioner further states that he was not named in the FIR, nor any incriminating article has been recovered from his possession. Learned counsel for the petitioner also avers that the petitioner Devendra Prasad Mahto as well as another co-accused Suresh Sah and two other co-accused persons were implicated on the basis of confessional statement of Md. Munna. Learned counsel for the petitioner further contends that apart from the confessional statement there is no evidence on record to connect the petitioner with the offence as alleged and he has not been put to test identification parade, although he is in custody since 16.04.2005. Learned counsel for the petitioner also states that the case had been committed to the court of sessions in the year 2005, but thereafter there is no progress in the case. In the said circumstances, when the petitioner earlier moved a petition for bail bearing Cr.Misc.No.54412 of 2006 it was disposed of by order dated 29.01.2007( Annexure-1/A) with an - 2 - observation that if within the period of nine months, the trial is not disposed of the petitioner may renew his prayer for bail after expiry of the aforesaid period. Learned counsel for the petitioner further submits that before the said petition the petitioner had also filed Cr.Misc.No.43968 of 2005 which was heard along with Cr.Misc.No.48094 of 2005 filed by another co-accused Suresh Sah, against whom there was exactly similar allegation, and both the said petitions were rejected by this court vide order dated 28.03.2006 (annexure-1). It is also stated that thereafter the said Suresh Sah filed Cr.Misc.No.54411 of 2006 before this court for bail and this court by order dated 21.02.2007 ( annexure- 3) allowed the said petition and the said Suresh Sah was enlarged on bail. Learned counsel for the petitioner further contends that exactly similar allegation has also been levelled against the petitioner who has got no criminal antecedent and he is in custody for more than three years. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner, namely Devendra Prasad Mahto be released on bail on furnishing bail bond of Rs.10,000.00 (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Samastipur in connection with Tajpur (Bangara) P.S.Case No.71 of 2005. sunil ( S.N.Hussain,J.)