IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.42048 OF 2009 GHUTI YADAV @ JHOURI YADAV @ GUTTI YADAV, SON OF LATE MUNARIK YADAV, RESIDENT OF VILLAGE CHULHAYEECHAK P.S. MASAURHI, DISTRICT PATNA VERSUS STATE OF BIHAR ----------- 2. 11.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under section 395 and 397 of the Indian Penal Code. Petitioner is not named in the first information report and he has not been put on test identification parade. It is said that nothing has been recovered from the possession of petitioner and he got implicated on the basis of confessional statement of one Nandlal Bind @ Nandlal Paswan who named this petitioner as one of the accomplices. The said Nandlal Bind @ Nandlal Pawan has been allowed bail by order dated 12.07.2009 passed in Cr. Misc. No.9252 of 2009. Learned counsel for the petitioner submits that except for the said confessional statement of co-accused, no material has come during investigation to establish further complicity of the petitioner in crime. Petitioner is in custody since 30.05.2009. It is said that on the basis of the - 2 - confessional statement, petitioner has been implicated in one more case and except for the same, petitioner has no criminal antecedent. Considering the above facts and circumstances, this application is allowed. Let petitioner (Ghuti Yadav @ Jhouri Yadav @ Gutti Yadav) be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Masaurhi in connection with Masaurhi (Bhagwanganj) P.S. Case No.147/2007 with conditions as laid down in sub-section (3) of section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J. N. Singh, J.)