IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23965 of 2008 DHARMBIR MISTRY @ DHARAMBIR SHARMA Versus STATE OF BIHAR ----------- 3 23.09.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused in a case registered for the offence under section302/201 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted on behalf of the petitioner that neither the petitioner is the named accused nor there is any allegation against him. It is further submitted that during investigation petitioner has been implicated in this case on the basis of the confessional statement of the one Awadhesh Mistry. It is further submitted that except the above implication on the basis of the confessional statement there is no material against the petitioner. Learned Addl. P.P. on perusal of the case diary is not in position to refute the above submission. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Dharambir Mistry @ Dharambir Sharma be released on - 2 - bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, in connection with Fatuha (Gaurichak) P.S.Case No. 40 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)