IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39591 of 2008 DHANANJAY KUMAR Versus STATE OF BIHAR For the petitioner : Mr. Yogesh Chandra Verma,Sr. Advocate For the State : Mr. Upendra Kumar, APP With Cr.Misc. No.45548 of 2008 MANOJ KUMAR @ MANOJ SINGH Versus STATE OF BIHAR For the petitioner : Mr. Ajay Kumar Thakur, Advocate Mr. Amit Kumar, Advocate For the State : Mr. Upendra Kumar, APP. ----------- 3 22.12.2008 Heard. Both the applications arise out of the same police station being Barahiya police station and as such the same are being disposed of by this common order. The petitioners seek bail in a case instituted under sections 395/364 of Indian Penal Code. The F.I.R. was lodged against unknown relating to hijacking of truck loaded with Sugar . From the F.I.R., it appears that the Khalasi of the truck was murdered. The driver anyhow managed to escape and accordingly the F.I.R. was lodged. Submission before this Court is that name of the petitioners appeared in course of investigation in the shape of confessional statement of two accuseds namely Chandrachur Singh @ Chulo Singh and Pujari Singh. Counsels for the petitioners vehemently argued that in pursuance of the aforesaid confessional statement, no recovery has been - 2 - effected. It has further been submitted that apart from the said material there is no material on record, for the present, to implicate the petitioners . It has further been highlighted that the co-accused Chandrachur Singh @ Chulo Singh, who is said to have made confessional statement, has been released on bail by this Court under order dated 22.8.2008 passed in Cr. Misc. No. 32003/2008. Both the counsels appearing in these two cases have said before the Court that the petitioners do not carry any criminal antecedents. Regard being had to the fact that the petitioners have been named in the confessional statement of some of the co- accused and that identical placed co-accused Chandrachur Singh @ Chulo Singh has been granted privilege of bail, this Court is inclined to admit both the petitioners on bail. Let the petitioners abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Lakhisarai in connection with Barahiya P.S. case no 204/2007 subject to the condition that one of the bailers should be own/close family members of the petitioners.. pkj ( Kishore K. Mandal, J )