IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18143 of 2009 SAKAL PASWAN S/o Ramlal Paswan resident of Village Hussaini P.S. Dumariya ghat Dist. East Champaran Petitioner Versus STATE OF BIHAR Opposite Party ----------- 03 14.10.2009 Heard learned counsel for the petitioner and the State. The offence alleged against the petitioner is under sections 394/411 of the Indian Penal Code. It is submitted that the petitioner has been implicated on mere suspicion. It is said that confessional statement of the petitioner before the police. Save and except that the petitioner was seen near the place of occurrence, there is no other material against the petitioner to connect him in the crime in question. As a matter of fact, alleged money was recovered from the possession of co-accused Shivnath Rai which would appear from perusal of the seizure list as contained in annexure 2. It is further submitted that the petitioner has no criminal history and is in custody since 28.1.2008 as stated in paragraphs 12 and 13 of the petition. Learned A.P.P. appearing on behalf of the State on perusal of the case diary submits that the said money was recovered from the possession of co-accused. Considering the facts and circumstances of the case the above named petitioner is directed to be released on bail on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of Sri L.B.Singh, Judicial Magistrate, Motihari in Dumariya ghat P.S. Case no. 53 of 2007. shahid (Shailesh Kumar Sinha, J)