IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40065 of 2008 MD. ALI IMAM @ HAFIZ @ ALI EMAM s/o GAZI MIYAN, RESIDENT OF VILLAGE- BADI IMADPUR P.S. RAFIGANJ,DISTRICT-AURANGABAD-PETITIONER Versus STATE OF BIHAR------Opposite party ----------- 2 20.10.2008 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is in custody in relation to Rafiganj P.S. Case No. 59 of 2008 for the offence under section 395 of the Indian Penal Code Submission of learned counsel for the petitioner is that even according to the order of learned Sessions Judge the investigation against the petitioner is still going on and the only evidence which has come against him is the confessional statement of one Upendra Yadav. Based on the material against the petitioner learned counsel submits that he is entitled to get bail in this case. The above submission of learned counsel seems to be borne out from the impugned order. In that view of the matter, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 59 of 2008 with a direction that he shall cooperate in the investigation and shall not temper the evidence. RPS (Ajay Kumar Tripathi, J.)