IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42277 of 2009 MOHAN BELDAR, SON OF SATYA NARAYAN CHAUHAN @ SATO BELDAR, RESIDENT OF VILLAGE-NARAYANPUR, POLICE STATION-GHOSWARI, DISTRICT- PATNA. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. Sanjay Kumar Singh (Adv.). For the State : Mr. Achhaibar Singh (APP). ----------- 03/ 03.02.2010 Heard learned Counsel for the petitioner and learned Counsel for the State. The petitioner seeks bail in a case which has been registered under Section 395 of the Indian Penal Code against unknown. Submission is that neither the petitioner is named in the First Information Report nor any incriminating article has been recovered from his possession. The petitioner has not been put on Test Identification Parade. Co-accused Umesh Kahar has been granted bail by this Court on 16.09.2009 vide Cr. Misc. No. 33056 of 2009, whereas Anandi Paswan has been refused bail on 27.08.2009 vide Cr. Misc. No. 23683 of 2009. Learned Counsel for the petitioner has pointed out that these two co-accused 2 whose prayer for bails was refused or granted were not on the similar footing with the petitioner and the petitioner has not been named by those persons. At initial stage for the first time the police has prayed for issuance of warrant against the petitioner after about 17 years of the occurrence. The petitioner has not absconded even for a day. Considering the facts and circumstances of the case, the above named petitioner is directed to be released from custody on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh/concerned court in connection with Bhadaur P.S. Case No. 38 of 1992. kksinha/ ( Shyam Kishore Sharma, J.)