IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43681 of 2010 CHUTIYA BHATT @ MANGAL BHATT ------------------Petitioner Versus THE STATE OF BIHAR -----------Opposite party ----------------------- 2. 19.02.2011 The petitioner Chutiya Bhatt @ Mangal Bhatt is in custody since 24.7.2010 in Town (Bundelkhand) P.S. Case No. 200 of 2010 (G.R. No. 836 of 2010) under Sections 392 and 412 of the Indian Penal Code. According to the prosecution case the informant Guddu Kumar gave his fard beyan on 8.5.2010 that on the previous day while he was going to Nawada in the way three unknown criminals looted him on the point of pistol and they took away one mobile and Rs. 3,000/- cash. It was also alleged that the said criminals also looted other persons. From perusal of the bail application it appears that the case of the petitioner is that the petitioner has been falsely implicated in this case without their being any evidence against him in the case diary except confessional statement of another accused. From perusal of the order of rejection of bail application by the Additional Sessions Judge-II, Nawada it appears that one Co-accused Jeetendra 2 Yadav was arrested in another case that is Nawada Town P.S. Case No. 77 of 2010 and he confessed before the police naming this petitioner also. From the said order it appears that except the said confessional statement there is nothing against the petitioner. No doubt the petitioner has disclosed that there are other criminal cases pending against him but only on the said ground that other criminal cases are pending he cannot be allowed to remain in jail particularly when in this case except the confessional statement nothing is against him and moreover the petitioner is in custody since 24.7.2010. Considering the facts and circumstances of the case, let the petitioner namely, Chutiya Bhatt @ Mangal Bhatt be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Mahabir Prasad, Judicial Magistrate, First Class, Nawada in connection with Town (Bundelkhand) P.S. Case No. 200 of 2010 (G.R. No. 836 of 2010) on condition that both the bailors should be the relative of this petitioner. Anand Kr. (Mungeshwar Sahoo, J.)