IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11400 of 2009 NAGO MANDAL @ NAGO SINGH, SON OF OMI MANDAL, RESIDENT OF CHAPAI, P.S. K. NAGAR (MARANAGA) DISTRICT PURNIA Versus STATE OF BIHAR ----------- 3. 23.07.2009 Learned counsel for the petitioner is permitted to make necessary corrections in paragraph 1 of this application. Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 395, 396 and 397 of the Indian Penal Code. Case diary was called for in the case and after going through the case diary, learned counsel for the State has very fairly accepted that except the statement of the chowkidar raising suspicion against the petitioner, no other material has come during the investigation to directly implicate him in the crime. It is stated that the petitioner has no criminal antecedent and he has remained in custody since 22.1.2009. Considering the fact that there is no other material available on record with regard to the criminal antecedent of the petitioner and also considering the fact that the petitioner has not - 2 - been put on test identification parade, neither any recovery has been made from his possession nor from his house although the same was raided by the police, the application is allowed. Petitioner (Nago Mandal @ Nago Singh)is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No.152/02. B.T (J.N. Singh, J.)