IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38244 of 2009 NAIMUDDIN @ NEMUWA, son of Abul Matin @ Abdul Matin, resident of village Talnia, Raheka, P.S. Sadar (Dagaruwa), District Purnea Versus THE STATE OF BIHAR ----------- 2. 9.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner is facing prosecution u/ss 399, 402 of the Indian Penal Code and 25/26/35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner was not apprehended at the spot nor there would be anything to connect him in the present case and his involvement surfaces only on account of confession of a co-accused. He would further submit that the petitioner is in custody in connection with the present case since 2.1.2009 and there is only one more case pending against him (para 8 of the application). Taking into account the aforesaid facts this Court would direct for release of the petitioner on bail since co-accused Md. Jalal, Md. Imtiaz and Md. Wazir as also Mr. Israful and Md. Mojibur have been granted bail as stated in paragraph 9 of the bail application and also stands confirmed from 2 Surendra/ the computerized sheet kept in this file by the office of this Court. He would also submit that the case of Mohiuddin is quite distinguishable because he was apprehended at the spot and therefore, the order dated 8.10.2009 by which the prayer for bail was rejected cannot be made applicable in this case. Since the other co-accused having similar allegation have been released on bail, the Court would also direct for release of the abovenamed petitioner on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the 3rd Addl. Sessions Judge, Purnea in S.T.No. 368/2009 arising out of Suppl. (Dagarwa) P.S.Case No. 447/2008, subject to the condition that one of the bailors must be either of his parents or his wife and the petitioner does not have more than one case pending against him. In other words, the petitioner shall be released on bail only if the petitioner is accused in two criminal cases including the present one. (Mihir Kumar Jha,J.) 3