IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27099 of 2010 MANOJ GIRI @ GIRI BABA @ ZULUM GIRI, S/O DEONANDAN GIRI OF VILLAGE- SHYAMBAKHRI, P.S.- DHAKA, DISTRICT – EAST CHAMPARAN Versus THE STATE OF BIHAR ----------- 5 09.02.2011 Heard Mr. Ansul, learned counsel for the petitioner and Sri S.D. Singh Yadav, learned Additional Public Prosecutor. The petitioner who is in custody in Mufassil (Lakhaura) P.S. Case No. 174 of 2008 for the offences under Sections 394 & 411 of the Indian Penal Code has prayed for grant of bail. In this case, informant’s motorcycle was looted by three unknown accused persons. During investigation, one accused namely Lal Babu Prasad Kushwaha was arrested from whose possession motorcycle was recovered and he made confession disclosing the name of petitioner. It was submitted by learned counsel for the petitioner, that petitioner was arrested at subsequent stage on 14.12.2009, and he is in custody since then. It was argued that case of Lal Babu Prasad Kushwaha was committed to the court of Sessions and during the trial in that case the informant had also deposed as P.W. 2 in which he disclosed that Lal Babu Prasad Kushwaha had already entered into compromise with the informant. The trial of Lal Babu Prasad Kushwaha is going on. It was further 2 submitted that petitioner was never put on T.I. parade nor he was identified by any of the witnesses. Learned Additional Public Prosecutor opposing the bail has submitted that petitioner is having three alias names and he is accused in other three cases. Keeping in view the fact that petitioner was made accused on confession of co-accused in whose trial the informant had taken a different stand, the court is of the opinion that no purpose would be served in further detaining the petitioner in the present case. Let the petitioner Manoj Giri @ Giri Baba @ Zulum Giri be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Mufassil (Lakhaura) P.S. Case No. 174 of 2008. Praful kr. (Rakesh Kumar, J.)