IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9521 of 2009 RAJENDRA MAHTO @ RAJENDRA PRASAD @ RAJENDRA PRASAD MAHTO, son of late Ramdeo Mahto, resident of Village – Biharghai, P.S. Raushanganj, District – Gaya. ……………….. Petitioner Versus STATE OF BIHAR …………….. Opposite party ----------- 02. 18.04.2009 Heard learned counsel for the petioner and learned APP for the State. It is submitted on behalf of the petitioner that the petitioner was not named accused in Gurua P S Case No. 46 of 2005 for the offences under sections 302/120B of the Indian Penal Code and 27 of the Arms Act. Petitioner has been taken in custody on the basis of the confessional statement of a co- accused Zahid Ansari and that is the only material which is against the petitioner, which has no value in the eyes of law. In addition he also submits that another accused namely, Chandan Prasad Mahto who was also taken in custody on the confessional statement of Zahid Ansari has been enlarged on bail in Cr. Misc. No. 32751 of 2008 vide order dated 28.8.2008. The case of the petitioner being no different, let the petitioner Rajendra Mahto alias Rajendra Prasad @ Rajendra Prasad Mahto be enlarged on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sherghati (Gaya) in Gurua P S Case No. 46 - 2 - of 2005. One of the surety will be executed by Raghunandan Prasad, so-called uncle of the petitioner on due identification. rkp (Ajay Kumar Tripathi, J)