IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39444 of 2009 NAGENDRA SINGH son of Yogeshwar Singh, resident of village Varsi, P. S. Tarari, District- Bhojpur….. Petitioner. Versus STATE OF BIHAR . ----------- 2. 17.11.2009. Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this application for bail for offence under Section 395 and other allied offences is basically confined on the premises that there is nothing to connect the petitioner in this case who was not even named in the first information report save except confessional statement of co- accused Ranjit Paswan and some stray statements of the other persons alleging the petitioner to be roving around the place of occurrence 4 to 5 days ago. Counsel for the petitioner would also submit that not only co-accused Ranjit Paswan has been granted bail by this court by order dated 30.3.2009 in Cr. Misc. No. 35354 of 2008 but there is also no recovery against the petitioner nor he has been identified by any one person in course of Test Identification Parade. He would further submit that the petitioner has got no criminal antecedent and - 2 - to that extent he has distinguished the case of Bishwanath Singh whose prayer for bail was rejected by this court vide order dated 17.9.2009 in Cr. Misc. No. 27016 of 2009 by explaining that said Bishwanath Singh had a dubious past of having criminal antecedent. Taking the aforementioned aspects into consideration and the fact that the petitioner has got no criminal antecedent and his implication is only by way of confessional statement of a co-accused Ranjit Paswan who too has been granted bail, this court would direct for release of the petitioner namely Nagendra Singh on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SDJM, Bikramganj Rohtas in connection with Karakat P. S. Case No. 36 of 2008, subject to the conditions that one of the sureties must be furnished by either the parents or the wife or the son of the petitioner and that court below of course would verify the criminal antecedent of the petitioner and would release the petitioner on bail after finding that the petitioner has got no criminal antecedent. - 3 - It goes without saying that the petitioner shall remain present in course of trial and his absence even for two consecutive dates without any justifiable reasons may make him liable for cancellation of his bail. kanchan (Mihir Kumar Jha, J.)