IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42937 of 2008 SHYAM BIHARI RAI …..Petitioner Versus STATE OF BIHAR ….Opposite party ----------- 4. 16.1.2009. Heard both sides. Petitioner is an accused under Section 364 A besides some other section of the Indian Penal Code. It is submitted that this petitioner is not named in the FIR. The victim also in his statement under Section 161 Cr.P.C. did not name this petitioner. He has been implicated in this case on the basis of confessional statement of co-accused. Apart from it, there is no other material to show the complicity of this petitioner in the alleged crime. He is in jail custody since 4.11.2007 having no criminal antecedent. Having regard to the facts and circumstances, petitioner, namely, Shyam Bihari Rai is directed to be released on bail on his furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Patna in connection with Kotwali P. S. case No. 10 of 2006. kanchan (Ghanshyam Prasad, J.)