IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35673 of 2009 FIROJ NADAF son of Md. Jalil Nadaf, resident of village- Baira, P. S. Jainagar, District Madhubani….. Petitioner. Versus STATE OF BIHAR ----------- 2 28.10.2009. Heard counsel for the petitioner and counsel for the State. The petitioner not named in the offence under Section 396 I.P.C. has been sought to be connected initially on the basis of his confessional statement and its so-called corroboration by way of recovery of a Shawl and Sari from his conscious possession which had been also identified in T. I. Parade by the informant and his wife. If however such confessional statement of the petitioner before the police, which has no evidentiary value in law, is taken to its logical conclusion it was Santosh Yadav who was the leader of a gang of dacoits who having got the offence committed under his active participation and leadership had allegedly given the Shawl and Sari as a booty to the petitioner. The said Santosh Yadav however was also arrested and put on T. I. Parade but was not identified by the informant or any other person. The petitioner infact had never been put on T. I. parade and as 2 noted above he has been sought to be implicated merely on the basis of recovery of a Shawl and a Sari which in absence of any identification mark earlier disclosed by the informant by itself does not inspire confidence. Moreover the petitioner has no criminal antecedent and is said to be in custody since 28.12.2008. Considering all the aforementioned circumstances, this Court would direct for release of the petitioner namely Firoj Nadaf on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Madhubani in connection with Jainagar P. S. Case No. 109 of 2008/ G.R. No. 1272 of 2008, subject to the condition that he will remain regularly present in course of trial and his continued absence on two consecutive dates in course of such trial will lead to automatic cancellation of his bail under this order. kanchan (Mihir Kumar Jha, J.)