IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24773 of 2009 MAYANK KUMAR @ TUTOO, S/O Arbind Kumar, resident of village- Saraiya, P.S. Gaurichak, District- Patna …………… Petitioner Versus THE STATE OF BIHAR …………… Opp.Party ----------- 3. 09/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case was registered under section 302 of the Indian Penal Code read with section 27 of the Arms Act. Later on, after about six months section 120B of the Indian Penal Code was also added. From the order of the learned Sessions Judge, it appears that name of petitioner transpired for the first time in the confessional statement of one Randhir Kumar recorded in paragraph 221 of the case diary which is said to have been recorded after six months of the occurrence and thereafter some more materials were recorded in the case diary implicating the petitioner. Learned counsel for the petitioner submits that the police, having found no clue with regard to the commission of the crime for six months, manufactured confessional statement - 2 - of the accused implicating petitioner also. Petitioner is in custody since 1.12.2008. Considering the above facts and circumstances, especially the fact that it was confessional statement recorded by the police in the case diary after six months of the occurrence in which petitioner’s name for the first time transpired, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in Gardanibagh (Shastrinagar) P.S.Case No.965 of 2006 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Pradeep/ (J. N. Singh, J.)