IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42030 of 2009 KRISHNA SONAR, SON OF SHARMANAND PRASAD, RESIDENT OF VILLAGE JAMADAR TOLA, P.S. BETTIAH TOWN, DISTRICT WEST CHAMPARAN VERSUS STATE OF BIHAR ----------- 2. 07.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 394 of the Indian Penal Code. First information report was instituted for robbery of one motor-cycle, Rs.50,000/- and Nokia mobile set from the possession of the informant against four unknown culprits. During investigation, one accused was arrested. In his confessional statement, he named this petitioner. However, it is submitted that nothing was recovered from possession of the petitioner upon his arrest nor he was put on test identification parade. It is also submitted that the informant had named only four accused persons in the F.I.R. whereas accused making confessional statement has named six persons which shows that some persons have been wrongly named by him due to some enmity. It is submitted that petitioner was apprehended only on the basis of suspicion on account of being accused in one more case from before against him. 2 Petitioner is in judicial custody since 24.07.2009. There is nothing in the order of the learned court below to show that any other material has come during investigation against petitioner. Considering the above facts and circumstances, this application is allowed. Let petitioner (Krishna Sonar) be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.C. Verma, Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffasil Manuapul P.S. Case No.43/09 corresponding to Tr. No.3339/09 with conditions as laid down in sub-section (3) of section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J. N. Singh, J.)