IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21359 of 2009 RAJ KUMAR S/o Sri Chandrika Rai @ Chenari Rai resident of village South Mandari P.S.Kotwali Dist Patna Versus Petitioner STATE OF BIHAR Opp.party ----------- 2 30.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. In the case, the petitioner is apprehending his arrest on the basis of confession for accusation made by the complainant himself i.e. he made payment of Rs 50,000/- to one Prashottam to provide service in the Railways. Only this petitioner was present there. Cognizance has not been taken against the complainant that is the affairs of the cognizance taking court but basing that confession, petitioner’s arrest can not be justified. Accordingly, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Complaint Case no. C-918 of 2007, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri. Raj Kumar Judicial Magistrate Ist Class, Motihari subject to the conditions as laid down under Section 438(2) of Cr. P.C. shahid (Mandhata Singh, J.)