IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33471 of 2008 SATENDRA SAH SON OF DHUP NARAYAN SAH, RESIDENT OF VILLAGE- AWARI, P.S. MARHOWRAH, DISTRCIT- SARAN AT CHAPRA Versus STATE OF BIHAR ----------- 2 21.10.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused for the offence under sections 365, 392, 120B/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that there is no complicity of this petitioner in the alleged crime and there is absolutely nothing in the fardbeyan. It is further submitted that the petitioner has been implicated in this case on the basis of the confessional statement of the co-accused namely, Timal Roy & Santosh after six months of the alleged occurrence. It is further submitted that up-till-now the petitioner has not been put on test identification parade nor any material has been recovered from his possession. It is further contended that the petitioner has been implicated in this case on account of enmity with the aforesaid accused Timal Roy since had sold a motorcycle to the petitioner long ago on 26th March, 2005 which would appear on perusal of the Annexure-3. The said vehicle, however, was stolen one for which a case was registered against - 2 - this petitioner also. This was protested in the Panchayati. It is also contended that besides the confessional statement of aforesaid co-accused, there is nothing against the petitioner who is having clean antecedent. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Satendra Sah be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with Marhowrah P.S.Case No. 52 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)