IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35160 of 2009 RUPESH CHOUDHARY SON OF LALAN CHOUDHARY, RESIDENT OF VILLAGE- KARAN, P.S. BAGHAILA, DISTRICT- ROHTAS Versus STATE OF BIHAR ----------- 3 07.11.2009 Heard learned counsel for the petitioner and the State. The offence alleged is under section 392 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner is not a named accused, however during investigation he has been implicated in this case on the material to the effect that while the alleged loot was going on the petitioner had crossed from that place and stopped near about the place of occurrence. It is further submitted that prior to this case although there is one case as stated in paragraph 7 of the petition vide Nokha P.S. Case No. 2 of 2007 under section 395 I.P.C. and no case no. 3 of 2007 under section 392 I.P.C. as mentioned in the order of the learned Sessions Judge while rejecting his prayer for bail. It is further contended that the petitioner is in custody since 03.06.2009. It is also contended that the petitioner was forced to give confessional statement before the police that he is also involved in the crime. It is also contended that no incriminating material has been recovered from the possession of the petitioner. Learned Addl. P.P. appearing for the State submits that petitioner had also come near the place of occurrence. In the facts and circumstances of the case, it is directed that let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sasaram, in connection with Nokha P.S. Case No. 66 of 2009. Manish/- (Shailesh Kumar Sinha,J.)