IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33700 of 2010 LALU YADAV @ SANJAY YADAV, S/o Sri Dev Narayan Yadav, R/o Village – Nadara, P.S. – Khizersarai, District- Gaya Versus THE STATE OF BIHAR ----------- 3 14.02.2011 Heard Sri Bamdeo Pandey who was assisted by Sri Prithivi Raj Singh, learned counsel for the petitioner and Sri A.M.P. Mehta, learned Additional Public Prosecutor. The petitioner, who is in custody in Nimchak Bathani P.S. Case No. 22 of 2008 for the offence under Section 396 of the Indian Penal Code has prayed for grant of bail. F.I.R. in 2008 was registered against unknown. During investigation, some persons were made accused. Charge sheet was submitted in the year 2009 against some of the accused persons and investigation on other point was going on. After submission of first charge sheet, it appears that petitioner was made accused on the basis of confession of one co-accused. Since in the present case till date of submission of first charge sheet the petitioner was not made accused, the court is of the opinion, that it is a fit case for extending the privilege of bail to the petitioner. Let the petitioner, Lalu Yadav @ Sanjay Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like 2 amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Nimchak Bathani P.S. Case No. 22 of 2008. Praful /- ( Rakesh Kumar, J.)