IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24626 of 2009 RAJENDRA CHOUDHARY, SON OF LATE RAGHO CHOUDHARY, RESIDENT OF VILLAGE UDAPATTI, POLICE STATION MUSARI GHARARI, DISTRICT SAMASTIPUR VERSUS STATE OF BIHAR ----------- 4. 27.11.2009 Heard learned senior counsel for the petitioner and learned counsel for the State. The case is under sections 396, 412 and 364 of the Indian Penal Code. As per the prosecution case, one truck was hijacked with various articles loaded on it and the driver was killed and his dead body was thrown. Khalasi of the truck survived, who lodged the present case. The name of petitioner has surfaced in the confessional statement of one Ghanshyam Kumar, who disclosed that the truck was sent to him by some accused persons from Mokama to conceal articles loaded on the same. Accordingly, he unloaded some articles in the shop of petitioner and some in the shop of other persons and some were sent to Muzaffarpur by a mini truck. On the basis of confessional statement, raid was conducted and the alleged articles were recovered from different shops. Therefore, the said confessional statement is admissible so far as recovery part is concerned. - 2 - Hence, even if the confessional statement is accepted, role of petitioner is of having concealed some of alleged articles in his shop. Learned senior counsel for the petitioner submits that petitioner is a small shopkeeper and even if the statement of Ghanshyam Kumar is accepted, it shows that he came and unloaded the articles in the shop and except for this, petitioner has no role to play in the crime of hijacking of the truck and killing of the driver. Learned senior counsel also submits that said Ghanshyam Kumar has been allowed bail by this Court vide order dated 9.1.2002 passed in Cr. Misc. No.33455 of 2001. He submits that petitioner was evading his arrest as he had been implicated in this case for no fault of his but ultimately, he was taken into custody. Petitioner is in custody since 26th April, 2009 and it is said that he has no criminal antecedent at all. Considering the above facts and circumstances, this application is allowed. Let petitioner (Rajendra Choudhary) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the - 3 - like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in Mokama P.S. Case No.182 of 2000, G.R. No.1122 of 2000 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)