IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24038 of 2009 SHAILENDRA KEWAT @ BAUNA son of Sahdeo Kewat @ Sukhari Kewat, resident of village Bali, Police Station Chandi, District Nalanda… .. Petitioner Versus THE STATE OF BIHAR… Opposite Party For the Petitioner: M/s Tej Narayan Singh and Satyendra Pd. Singh,Advocates For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----- 4 08.10.2009 Heard learned counsel for the petitioner and the State. The petitioner has been made accused in a case under section 395 of the Indian Penal Code. It is submitted on behalf of the petitioner that the first information report was lodged against unknown persons. However, after seven months of the occurrence on the basis of confession of some co-accused persons before the police, the petitioner has been implicated in this case. It is further submitted that even though the petitioner is in judicial custody since 18.03.2008, he has not been put on test identification parade. It is also stated that no incriminating article has been recovered from the possession of the petitioner. It is urged that several co- accused persons including Dhananjay Kewat and Balmiki Mahto, who had allegedly named the petitioner in their 2 confessional statement before the police, have been granted bail by this Court in Criminal Miscellaneous Nos. 41084 of 2008 and 17804 of 2009, respectively. Learned counsel for the State submitted that on the basis of the confessional statement of some accused persons, the petitioner has been named in this case and chargesheet has been submitted against him under section 395 of the Indian Penal Code. Having regard to the facts and circumstances of the case, the petitioner, Shailendra Kewat @ Bauna, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-3, Barh, Patna in S. Tr. No. 2389/08, arising out of Ghoswari P.S. Case No. 12/07 on further condition that one of the bailors must be close relative of the petitioner. SC ( Dr. Ravi Ranjan, J.)