IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11593 of 2009 SAJAN SINHA, S/o late Shambhu Sharma Versus The STATE OF BIHAR ------ 2/ 18.04.2009 Heard learned counsel for the petitioner and learned counsel for the State. Prayer is made on behalf of the petitioner showing his innocence in a case of committing theft after breaking locks of the house. Submission of the learned counsel for the petitioner is that there is no evidence against the petitioner and not named in the F.I.R. On the basis of confessional statement made by one co- accused Pinku @ Rizwan, petitioner has been made accused, which can never be taken for refusal of petitioner’s anticipatory bail. No doubt, up-till-now there is no legal evidence against this petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail is allowed. In the event of arrest or surrender within one month from today in connection with Darbhanga Town P.S. Case No. 41 of 2008, above named petitioner shall 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 C.J.M., Darbhanga subject to the conditions as laid down under Section 438(2) of Cr. P.C. However, the anticipatory bail so granted to the petitioner that can be justified at the time of framing of the charge by the Trial Court on the material collected by the I.O. shail (Mandhata Singh,J.)