IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52473 of 2007 MD.ARIF Versus STATE OF BIHAR ----------- 5. 15.5.2008 Petitioner, Md. Arif, is an accused in a case instituted under Sections 395 and 120B of the Indian Penal Code on the allegation that six unknown dacoits had committed dacoity in the State Bank of India, Bhawanipur Branch and looted away Rs.16,67,875/- from the said Bank. It is further said that the dacoits were chased and two of them, namely, Md. Zafar and Md. Mustaque were apprehended. It is further said that Rs.15,91,375/- and Rs.2,954/- were recovered from the possessions of Md. Zafar and the petitioner. Heard the learned Advocate of the petitioner as well as the learned A.P.P. for the State. It has been submitted by the learned Advocate of the petitioner that the name of this petitioner appeared in the confessional statement of co-accused Md. Mustaque but the petitioner was neither put on test identification parade nor any witness identified this petitioner. He further submitted that neither looted amount nor any fire-arm nor any incriminating material was recovered from the possession of the petitioner. The learned Advocate submitted that under similar circumstance, co-accused, namely, Deepak Kumar Sah has been granted bail by a Bench of this Court vide order dated 3.3.2008 passed in Cr. Misc. No.52100 of 2007. The learned A.P.P. concedes that the petitioner’s name has appeared on the confessional statement of co- accused and except that, there is nothing against the petitioner in the entire case diary. Considering the submissions of both sides, petitioner (Md. Arif ) is ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount ach to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Bhawanipur P.S. Case No.68/2007. BT (Syed Md. Mahfooz Alam, J)