IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2228 of 2011 MAHENDRA CHAUDHARY @ NONIA Versus THE STATE OF BIHAR ----------- 2 07.03.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. The petitioner seeks bail in connection with Jagdishpur (Dhangai) P.S. Case No. 118 of 2005 corresponding to S.Tr. No. 20 of 2010 registered under section-395 of the Indian Penal Code. Petitioner is not named in the FIR and it appears from perusal of impugned order that the name of petitioner came in this case in the confessional statement of co-accused. The submissions of learned counsel for the petitioner is that nothing has been recovered from conscious possession of the petitioner and having similar allegation, several co- accused persons have already been granted privilege of bail. It appears from perusal of the impugned order that some recovery has been made on the basis of confessional statement of co-accused persons but it is not clear from the impugned order that from where the aforesaid recovery was made. Let the petitioner, namely, Mahendra Chaudhary @ Nonia is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like - 2 - amount each in connection with Jagdishpur (Dhangai) P.S. Case No. 118 of 2005 corresponding to S.Tr. No. 20 of 2010 to the satisfaction of Additional Sessions Judge-III, Bhojpur, Ara subject to condition that if any recovery has been made from the house or from conscious possession of the petitioner, then in that event, the petitioner shall not be released on bail. AKV/- (Hemant Kumar Srivastava,J.)