IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33094 of 2009 WAJIR MIAN @ BAZIR MIAN @ WAJIR MIYAN son of Rafik Miya, resident of village Langti Parsauni, P.S. Pakridayal, District East Champaran… … Petitioner Versus THE STATE OF BIHAR … …OPPOSITE PARTY For the Petitioner: M/s Arun Kumar and Virendra Kumar, Advocates. For the S t a t e : Mr. R.P.S. Singh, A.P.P. … 3 03.11.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case under sections 364(A), 302, 201 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has been implicated merely on the basis of confessional stlatement made by one co-accused Ram Pravesh Singh, against whom certain evidence was collected during the course of investigation. The aforesaid co-accused had stated in his confessional statement that the petitioner had killed the deceased. However, except that, there is nothing in the case diary against this petitioner, who is of clean antecedent and is in jail custody since 12.06.2009. It is further submitted that the aforesaid co-accused Ram Pravesh has been granted bail by a bench of this Court vide order - 2 - dated 28.03.2007 in Criminal Miscellaneous No. 12083 of 2007 and the other co-accused persons including co-accused Raghunath Pd. Singh, Mani Singh and Munna Kumar Singh have also been granted bail by this Court and co-accused Nand Kishore Singh has been granted by the court below itself. In the facts and circumstances of the case, the petitioner, Wajir Mian @ Bazir Mian @ Wajir Miyan, is directed to be enlarged 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 Additional Sessions Judge, FTC No. 5, Samastipur, in Samastipur(Muffasil) P.S. Case No. 541 of 2005(S.Tr. No.484/09) with further condition that one of the bailors must be close relative or family member of the petitioner. SC (Dr. Ravi Ranjan, J.)