IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48638 of 2008 RAJU TIWARI Versus STATE OF BIHAR ----------- For the petitioner: Mr.Satyapal Singh, Advocate. For the State: Mr. Upendra Kumar, APP. 02 18.12.2008 Heard. Petitioner seeks bail in a case instituted under Sections392/411 of the Penal Code. First Information Report was instituted against unknown. From the records it appears that the name of the petitioner transpired during investigation on the strength of confessional statement made by one Sugan Pathak as recorded in para 82 of the case diary. It further appears on the basis of the said statement one co-accused Manoj Yadav was arrested who is said to have named the petitioner. Learned counsel for the petitioner submits that except the confessional statement referred to above there is nothing on record to implicate the petitioner in the alleged offence. It has further been submitted that aforesaid Sugan Pathak has since been released on bail by this court under order dated 01.10.2008 passed in Cr. Misc. No. 29995 of 2008,(annexure-2), of this application. Learned counsel for the petitioner further submits that petitioner is in custody since 09.07.2008. On query, learned counsel for the petitioner fairly admitted that apart from this case petitioner is accused in another case also. Having regard to the facts that co-accused Sugan 2 Pathak has been released on bail by this court and that the petitioner has remained in custody since 09.07.2008, this court is inclined to admit the petitioner to bail. Let the petitioner, namely, Raju Tiwari 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 the Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. Case No. 18 of 2008 subject to the following conditions: (i) One of the bailors should be the close/own family member of the petitioner. (ii) The petitioner shall report to the officer-in- charge, Simari or any other person in-charge of the police station on (every alternate Saturday or Monday) from the date of his release for a period of six months. In the even of any default in appearing before the officer-in-charge of Simari P.S. the matter shall be promptly reported to the court in seisin of the case and thereafter the court below concerned shall be at liberty to cancel the bail bond of the petitioner and secure his arrest by adopting procedure prescribed in law. The application stands disposed of. Sym ( Kishore K. Mandal, J.)