IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32048 of 2008 MANOJ RAI, SON OF RAM SAKAL RAI, RESIDENT OF VILLAGE- RAMPUR DAKSHIN, P.S.-HATHAURI, DISTRICT- MUZAFFARPUR. Versus THE STTAE OF BIHAR ----------- 2 21.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 392, 302 and 396 of the Indian Penal Code. The FIR was instituted against unknown with allegation of looting a truck and in the process killing one man. Some accused persons were apprehended including one Vishwajit Mishra and Rakesh Kumar they confessed their guilt and they named this petitioner also. However, no charge sheet was submitted against this petitioner and those apprehended persons were put on trial. The trial of those apprehended persons were amalgamated and was finally disposed of by the learned Additional Sessions Judge, F.T.C. II, Muzaffarpur vide judgment dated 21.4.2007 by which all the accused persons were acquitted of the charges. After the acquittal of those accused persons, charge sheet has been submitted against this petitioner in 2008, pursuant to which this petitioner is in jail since 2 22.4.2008. The contention of the learned senior counsel for the petitioner is that the petitioner has been implicated in the case on the basis of confessional statement of one Maqbool, Rakesh Kumar and Vishwajit Mishra only and no other material has come against the petitioner during investigation and there is no recovery from his possession. He submits that Rakesh Kumar and Vishwajit Mishra have been acquitted by the learned trial Court and therefore their confessional statement on the basis of which petitioner has been implicated stands completely obliterated. Considering the facts and circumstances as submitted by learned senior counsel for the petitioner, this application is allowed. Let petitioner, namely, Manoj Rai be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 264 of 2004. Arvind/ ( J. N. Singh , J. )