IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18912 of 2009 Bauaka Mian son of late Tasobar Mian resident of village-Pipra Ghat Tapu Tola Police Station-Jogbani, District Araria………..Petitioner Vs The State of Bihar For the Petitioner:-Mr.Mukesh Kumar Rana, Advocate For the State of Bihar…………….Mr.Jay Shankar Pod.Singh,A.P.P. 2 26.5.2009 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner has been made an accused in Jogbani P.S.Case No.12/1999 registered under Section 395 IPC. Learned counsel for the petitioner submits that after six years of the occurrence and institution of the case, the petitioner has been made accused merely on the basis of suspicion. It is stated that there is no recovery from the possession of the petitioner and the petitioner has not been put on Test Identification Parade. Learned counsel has also sub mitted that the petitioner and the informant are well known to each other. FIR has been lodged against other accused persons but the informant has not named this petitioner. It is further submitted that the antecedent of the petitioner is clean and he is in jail custody since 19.2.2009. Further contention is that co- accused who has been named in the FIR, namely, Ram Prasad Sah @ Banasur has been granted bail by a Bench of this Court on 28.7.2000 in Cr.Misc.No.8853/2000. Further, similarly situated co-accused persons, namely, Musharu Miah @ Musharu Mian and Manoj Sada have been granted bail by this Court in Cr.Misc.Nos.47863/23005 and 15554/2007 on 2 27.1.2006 and 10.4.2007 respectively. In the facts and circumstances of the case, the petitioner, namely, Bauka Mian is directed to be released on bail on furnishing bail bond of Rd.10,000/-(Ten thousand)with two sureties of the like amount each to the satisfaction of the Chief Judicial, Magistrate, Araria, in connection with Jogbani P.S.Case No.12/1999. SKBOSE (Dr.Ravi Ranjan)