IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39346 of 2008 KANHAI BHERIHAR Versus THE STATE OF BIHAR ----------- 2 16.09.2008 Heard learned counsel for the petitioner and the State. The FIR was lodged under Section 395 of the Indian Penal Code against 10 – 12 unknown dacoits. Learned counsel for the petitioner submits that the petitioner is in custody since 25.06.2007. Further submission is that the petitioner is not named in the FIR and that his complicity is alleged on the ground of confessional statement of co-accused Pawan Singh but there has not been any recovery from petitioner’s possession nor he was put on TIP. Learned counsel says that besides confessional statement there is no other material evidence. Mr. S.R. Haque the learned APP appearing on behalf of the State does not point out any other material against the petitioner. Considering the facts and circumstances of the case, the petitioner, namely, Kanhai Bherihar is directed to be released on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of F.T.C. Ist, Saran at Chapra in S. Tr. No. 508 of 2007 in connection with Jalalpur P.S. Case No. 54 of 2006. Kundan (C. M. Prasad, J.)