IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1574 of 2009 CHANDAN MAHTO @ CHANDAN PRASAD S/O-Brij Mohan Prasad, R/O-Vill-Manjhauliya, P.S.-Raushanganj, Distt.-Gaya. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 20.02.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. Altogether three persons are named as accused of the case which has been registered under Section 395 of the Indian Penal Code. They are Shiv Kumar, Dilip Kumar and Munna Mahto. The petitioner is not named in the First Information Report, his name has come in the confessional statement of Munna Mahto. Munna Mahto has been granted bail by this Court on 27.11.2007 vide Cr. Misc. No. 32665 of 2007. Learned Counsel for the petitioner has produced Xerox Copy of an order dated 07.05.2007 of the S.D.J.M. to show that he is in custody since prior to that case on that date his bail petition was rejected. The petitioner is not named, has not been put on Test Identification Parade. Nothing incriminating has been recovered from his possession. Considering the facts and circumstances of the case, let the above named petitioner be released from custody on furnishing bail bond of Rs. 10,000/- (ten - 2 - thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Sherghati, Gaya in connection with Gurua P.S. Case No. 59 of 2005. kksinha/ (Shyam Kishore Sharma, J.)