IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38650 of 2010 MD.MOOSA @ MUSTAFA Versus THE STATE OF BIHAR ----------- 3 20.01.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. Petitioner seeks his bail in connection with Muzaffarpur Rail P. S. Case No. 70 of 2008 corresponding to S.Tr. No. 88 of 2010 registered under section-395 of the Indian Penal Code. Petitioner is neither named in the FIR nor anything has been recovered from his conscious possession. It appears from perusal of impugned order that the name of the petitioner came in this case in the confessional statement of co-accused persons and subsequently, the petitioner also made his confession before the police. Although learned counsel for the state points out that this petitioner carries criminal antecedent but considering this aspect of the matter that having similar allegation, one co-accused, namely, Md. Tamanna @ Pappu has already been granted privilege of bail by another bench of this court vide order dated 23.12.2009 passed in Cr. Misc. No. 35744 of 2009 , the petitioner, namely, Md.Moosa @ Mustafa is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Muzaffarpur Rail P. S. Case No. 70 of - 2 - 2008 corresponding to S.Tr. No. 88 of 2010 to the satisfaction of Additional Sessions Judge,(F.T.C.-II), Muzafarpur. It goes without saying that the conditions imposed upon the co-accused, Md. Tamanna @ Pappu vide order dated 23.12.2009 passed in Cr. Misc. No. 35744 of 2009 shall apply to the petitioner also. AKV/- (Hemant Kumar Srivastava,J.)