IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21615 of 2009 FULO MANDAL Versus STATE OF BIHAR ----------- 03 25.08.2009 Heard both sides. Sole petitioner has approached this court seeking bail in a case instituted under Section 395 of the Penal Code. Prosecution case is that when the passenger bus was travelling towards Bishbaba asthan, the accused persons committed dacoity. The F.I.R. has been lodged against unknown. It is contended that the petitioner was taken into custody on 05.01.2009 and no effort has been made to put him on T.I.P. One Kulo Mandal is said to have made confessional statement, in course of investigation, naming the petitioner and co-accuseds, namely, Manjay Mehta, Pramod Kumar Yadav, Praful Kumar Singh and Alok Yadav. It appears that one Brahmdeo Mandal has also made a confessional statement, in which, he has named the co-accused Praful Kumar Singh and not the petitioner. It is further submitted that co-accuseds, namely, Manjay Mehta, Pramod Kumar Yadav and Praful Kumar Singh have since been granted the privilege of bail by this court under order dated 19.05.2009. Records of those cases are before the court. It is further highlighted that case of the petitioner is identically placed. Learned A.P.P. appearing on behalf of the State, 2 looking to the case diary does not dispute the submission that the case of the petitioner stands on the same footing. Considering the submission that similarly placed co- accuseds have been privileged with bail by this court, this court is also persuaded to grant the same benefit. Let the petitioner above named, be released 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 C.J.M. Madhepura in connection with Puraini P.S. Case no. 85 of 2008, subject to the condition that one of the bailors should be the own/close family member of the petitioner. Sym/ (Kishore K. Mandal, J.)