IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22315 of 2009 CHANDRA SHEKHAR RAI @ SHEKHAR RAI SON OF KEDAR RAI, RESIDENT OF VILLAGE DIGHI KHURD, POLICE STATION SADAR, DISTRICT VAISHALI. Versus STATE OF BIHAR ----------- 5. 10.3.2010. Heard Mr. K.N.Diwakar, learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in connection with Muzaffarpur East (Town) P.S. Case No.29 of 2005 registered for the offences under sections 384 and 387 of the Indian Penal Code. Learned counsel for the petitioner, while pressing the bail petition, submits that in this case the petitioner’s name has surfaced on the basis of confessional statement of co-accused Lal Babu Rai. He further submits that co-accused Lal Babu Rai has already been granted bail. He has mentioned this fact in paragraph-8 of the petition which indicates that co-accused Lal Babu Rai and Manoj have been granted bail vide Cr.Misc. No.29658 of 2005. Since co-accused Lal Babu Rai on whose confession petitioner’s name has surfaced in this case, has already been granted bail, there is no purpose to keep this petitioner behind the bar. In the circumstances, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sub.Divisional Judicial Magistrate, Muzaffarpur (East), Muzaffarpur in connection with Town P.S. Case No.29 of 2005 2 with a condition that he shall remain present in court on each and every date failing which his bail bond shall stand automatically cancelled, provided that in special exigency the petitioner can file a petition before the court below for prior permission for his non- appearance on a particular date and the court below may examine such prayer on its own merit. With the above observation and direction, the bail petition is allowed. Md.S. ( Rakesh Kumar, J.)