IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15438 of 2009 MAHRAJ RAI Son of Late Julum Rai resident of village Andouli P.S. Parihar Dist. Sitamarhi - Petitioner Versus STATE OF BIHAR -- Opposite party ----------- 2 19.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is accused for offence punishable under section 396 of the Indian Penal Code. Learned counsel for the petitioner submits that although he is named accused in the case but he has not been put on test identification parade and has not even been identified by the informant and his brother and he has been implicated only on the basis of suspicion due to some talk between the criminals in which his name was taken. Learned counsel for the petitioner further submits that a number of witnesses have been examined and the informant himself was examined as PW4 but he has not supported any allegation of the accused persons and he has been declared hostile. It is also stated that other witnesses who named the accused persons in the first information report have also been examined in the case and they have not supported the allegation of the accused persons and all of them have become hostile. Learned counsel for the petitioner avers that considering the aforesaid facts and circumstances this court vide order dated 18.03.2009 passed in Cr. Misc.no.4166 of 2009, Cr. Misc. no. 35511 of 2008 and Cr. Misc .no. 30361 of 2008 (Annexure 2) had directed to release on bail - 2 - other co-accused namely, Manoj Kumar @ Sitani @ Kalyan Raut, Ajay Kumar Yadav and Alok Sahani @ Papu Sahani against whom there are exactly similar allegations. Considering the facts and circumstances, this petition for bail is allowed. Let the petitioner, namely, Maharaj Rai be released on bail on furnishing bail bond of Rs 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge, Fast Track Court no.3, Sitamarhi in Sessions trial no. 279 of 2008 arising out of Parihar P.S. Case no. 131 of 2007. shahid (S.N.Hussain, J)