IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38330 of 2009 SANJAY YADAV @ FUCHO YADAV S/O RAGHU YADAV R/O VILLAGE- JITASI TOLA, BARARI, PS- BARARI DISTT- KATIHAR---------------PETITIONER Versus THE STATE OF BIHAR------------OPPOSITE PARTY. ----------- 2 16.11.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner’s role has emerged during investigation in the crime related to Barari P.S. Case No. 2 of 2009 which was instituted under sections 461, 379 and 411 of the Indian Penal Code. Submission of learned counsel is that the petitioner has remained in custody since 7.1.2009 and it is more based on confession than any substantive evidence. There is something to indicate that the petitioner in his confession indicated the role of other co-accused and thereafter the recovery has been made of the stolen idol. It is further submitted that there is no recovery from him and he should be enlarged on bail. Keeping the role of the petitioner in the crime, he, namely, Sanjay Yadav @ Fucho Yadav be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Barari P.S. Case No. 2 of 2009. One of the sureties will be executed by the father of the petitioner and other by elected representative or a government servant. Petitioner will cooperate in the trial by appearing on each - 2 - and every date fixed in the case either by himself or through his learned counsel and he shall not abscond. RPS (Ajay Kumar Tripathi,J.)