IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22017 of 2009 1.ASARFI DAS, son of Late Lakhan Das, resident of Village Paksi, P.S. Chakai, Distt. Jamui. 2.LAKHI TUDDU, son of Baijmnath Tuddu, resident of Village Badhhtba, P.S. Chakai, Distt. Jamui. ------Petitioners Versus STATE OF BIHAR ----------- 2. 27.7.2009 Heard the learned counsel for the petitioners and the State. The offence alleged against the petitioners is under section 396 of the Indian Penal Code. It is submitted on behalf of the petitioners that the petitioner are not named accused. However, they have been implicated one and half years after the alleged date of occurrence on the confessional statement of co-accused Lalu Basera. However, save and except the confessional statement, no incriminating article has been recovered from the possession of the petitioners. The petitioners have clean antecedents. It is further submitted that the witnesses have named co-accused Lalu Basera as one of the assailants of the deceased and as such there is no overt act against the petitioner. The learned APP appearing for the State is not in a position to refute the above submissions advanced on behalf of the petitioners. Considering the facts and circumstances of the case, let both the petitioners above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the 2 like amount each to the satisfaction of the Additional Sessions Judge Ist, Jamui, in S.T. No.61/2009 arising out of Chakai P.S. Case No.02/05. PNM (Shailesh Kumar Sinha, J.)