IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35978 of 2008 TUNTUN YADAV Versus STATE OF BIHAR ----------- For the petitioner : Mr. Mr. Navin Prasad Singh, Adv. For the State :Mr. Nirbhay Kumar Singh, A..P.P. 2 27.8.2008 Heard learned counsel for the petitioner and the State. Petitioner is facing prosecution under section 395 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submitted that petitioner has been apprehended merely on the basis of suspicion and his name has come in the confessional statement of co-accused Md.Chingla Ali and Razi Badal who have been granted bail by the court below itself. It is further submitted that even though the informant claims that he could identify the miscreants, the petitioner has not been put on T.I.P. His further submission is that nothing has been recovered from the possession of the petitioner ,still he is in jail custody since 31st March 2008. It is stated that co-accused Parveen Yadav, Pankaj Bhagat and Manish Mandal have been granted bail by a Bench of this Court on 20.8.2008 by a common order passed in Cri. Misc. No. 15247 of 2008. He files certified copy of the order dated 20.8.2008. Let it be kept on record .He further files certified copy of the seizure list showing that the motorcycle has been recovered from the other accused person and not from the petitioner .He submits that the petitioner has clean antecedent. Learned counsel for the State submits that this is a case of dacoity where huge amount of money has been snatched from the - 2 - informant and the petitioner has been named by the co-accused persons. In the facts and circumstances of the case and the submissions made on behalf of the parties let petitioner Tuntun Yadav be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of A.C.J.M, Naugachiya in Naugachiya P.S. case no. 33 of 2008, subject to the condition that one of the bailors must be his family member. Rahman/ (Dr. Ravi Ranjan, J)