IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12243 of 2011 BASANT KUMHAR Versus THE STATE OF BIHAR ----------- 02 28.04.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is languishing in jail custody since 14.12.2010 in a case initially registered under Sections 448, 364, 302, 120(B) of the Indian Penal Code as well as 17 C.L.A. Act and subsequently, Section 27 of the Arms Act was also added. Admittedly, petitioner is not named in the first information report and it appears from perusal of the impugned order of learned Additional Sessions Judge that the name of the petitioner has come in this case only on the basis of suspicion and not a single prosecution witness has claimed to have identified the petitioner committing the alleged crime. Furthermore, the learned Additional Sessions Judge has not referred any criminal antecedent of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Chief Judicial Magistrate, Sasaram, Rohtas in connection with Nauhatta P.S. Case No. 42 of 1999. Shahzad (Hemant Kumar Srivastava, J )