IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22395 of 2009 MD.RUSTAM @ RUSTAM MIAN Versus STATE OF BIHAR ----------- 2 21.07.2009 Heard both sides. The petitioner seeks bail in a case instituted under section 395 of Indian Penal Code. The F.I.R. appears to have been lodged against unknown. Mr. Surendra Kumar Singh, learned counsel appearing in support of application states that on 29.12.2005, co-accused Kishore Paswan was arrested by the police who made a confessional statement naming the petitioner and two others namely Umesh Paswan and Md. Sadulah. Referring to the statements made in paragraph 9, it is contended that Kishore Paswan, Umesh Paswan and Md. Sadulah have been granted bail by this Court. It is contended that the petitioner is in custody since 12.12.2007 and that he has no criminal antecedent. In the facts and circumstances of the case, let petitioner abovenamed 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 learned Addl. Sessions Judge-cum-Fast Track Court-V Gaya in connection with Kotwali (Gaya) P.S. case no. 266 of 2005 (Sessions Trial No. 3 of 2009) subject to the condition that one of the bailers will be own/close family member of the petitioner. pkj ( Kishore K. Mandal, J. )