IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6020 of 2009 HARAKH CHAND @ HARAKH CHANDRA JAISWAL son of Late Jhinkoo Ram, resident of Ajamgarh Road, Shahganj, P.S.- Shahganj Kotwali, District- Jaunpur (Uttar Pradesh) partner of M.s Bharat Rolling Mill, East Shahganj, Jaunpur, Uttar Pradesh. Versus STATE OF BIHAR ----------- 2 05.03.2009 Heard learned counsel for the petitioner and Mr. R.P.S. Singh, Addl. P.P. appearing for the State. The offence alleged is under sections 407, 409, 34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner is not a named accused, however he has been implicated in this case on the basis of the confessional statement of the co-accused namely, Uday Kumar Chourasia, who was the Khalasi of the vehicle over which the iron materials were loaded for being transported to Gaziabad. It is further submitted that nothing has been recovered from the possession of the petitioner. It is further contended that the said co- accused namely, Uday Kumar Chourasia has been allowed bail. Learned counsel has produced the certified copy of the order granting bail, which is kept on record. It is also submitted that the petitioner is seriously ill. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above - 2 - named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur (Patna) in connection with Bihta P.S. Case No. 219 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Mcverma ( Shailesh Kumar Sinha,J.)