IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6380 of 2010 MAHENDRA YADAV @ MAHENDRA PRASAD SON OF MUKUR YADAV, RESIDENT OF VILLAGE MUSTICHAK, P.S. PARAS BIGHA, DISTRICT- JEHANABAD. Versus STATE OF BIHAR ----------- 2 26.02.2010 Heard learned counsel for the petitioner and the State. The offence alleged is under section 395 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner who is a Government Servant has been implicated in this case on the basis of the confessional statement of the co- accused Ram Khelawan Ram. It is further submitted that the petitioner is neither named in the first information report nor anything has been recovered from his house. It is further submitted that the aforesaid co-accused Ram Khelawan Ram has been acquitted on trial as per the judgement dated 9th September, 2005 in Sessions Trial Nos. 113 of 2000/ 89 of 2004 (Annexure-3). Learned Addl. P.P. appearing for the State is not in position to refute the above submissions. 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 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 Chief Judicial Magistrate, Jahanabad. in connection with Kako P.S. Case No. 98 of 1996 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- (Shailesh Kumar Sinha,J.)