IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14328 of 2009 DINESH YADAV Son of Late Khokha Yadav of Village- Ramjanipur, Police Station- Shiv Narainpur (Kahalgaon) District- Bhagalpur ------------Petitioner Versus STATE OF BIHAR ------------Opposite Party ----------- 2. 31.7.2009 Heard learned counsel for the petitioner and learned APP for the State. The petitioner is an accused under Section 392 of the Indian Penal Code arising out of Kahalgaon (Shiv Narayanpur) P.S. Case No. 386 of 2008. Petitioner’s contention is that he is not named in the F.I.R., but subsequently his name has figured in the confessional statement. Except this there is no evidence against the petitioner and no Test Identification Parade had been held. Therefore, at this stage it can only be said that it is a case of suspicion and nothing more. Though the learned Sessions Judge recorded that the petitioner has past criminal antecedent but counsel for the petitioner informed that earlier also he was accused in a case relating to the year 1993 and he has been exonerated in the said case. Keeping the above circumstances in mind, let the petitioners, namely, Dinesh Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri D.K. - 2 - Jaiswal, Judicial Magistrate, Bhagalpur in connection with Kahalgaon (Shiv Narayanpur) P.S. Case No. 386 of 2008 (G.R. No. 2672/08) with a direction that one of the bailer will be the close relative and other will be the elected representative of the village in which the petitioner resides. P. Kumar (Ajay Kumar Tripathi, J.)