IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36938 of 2009 Ajay Kumar, Son of Late Rameshwar Yadav, Resident of Village Kothiya, P.S. Kako, District Jahanabad. ------- Petitioner Versus The State of Bihar ------- Opposite Party With Cr.Misc. No.35713 of 2009 Manoj Kumar, Son of late Jagdeo Prasad, Resident of Village Medani Bigha, Police Station Telhara, District Nalanda. --------- Petitioner Versus The State of Bihar ------- Opposite Party ----------- 2 28.10.2009 Heard counsel for the petitioner and counsel for the State in both the cases. While the implication of the petitioner, namely, Ajay Kumar is squarely based on the confessional statement of Manoj Kumar, the implication of Manoj Kumar somehow transpires on the basis of seizure list authenticity whereof is being assailed by learned counsel in both the cases. True it is that the case is under Section 379 of the Indian Penal Code but then the recovery of the stolen tractor in the light of confessional statement of Manoj Kuamr, who is also having criminal antecedent would not make him eligible for his being granted bail for the present. The prayer for bail of Manoj Kuamr, therefore is rejected for 2 the present with a liberty to him to renew his prayer for bail after completing six months of his judicial custody. So far the petitioner, namely, Ajay Kumar is concerned, as noted above, neither he has any criminal antecedent nor there is anything against him except the confessional statement of the co-accused and therefore, the petitioner, namely, Ajay Kumar (Cr. Misc. No. 36938 of 2009) 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 Chief Judicial Magistrate, Jahanabad in connection with Kako P.S. Case No. 80 of 2009. Rsh (Mihir Kumar Jha, J.)