IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.23914 OF 2009 SURENDRA RAI, SON OF KISHUNDEO RAI, RESIDENT OF VILLAGE IZRA BANDH PAR, P.S. DESARI (CHANDPURA O.P.) DISTRICT VAISHALI VERSUS THE STATE OF BIHAR ----------- 3. 14.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under section 395 of the Indian Penal Code. Petitioner is not named in the first information report. It is stated that no recovery has been made from the possession of the petitioner and he has not been put on test identification parade also. It is stated that only on the basis of the suspicion raised by the owner of the tractor, petitioner has been implicated in the case. It is stated that some of the co-accused have been allowed bail by this Court as is evident from Annexures 2 and 3. Petitioner is in custody since 11.9.2007. It is stated that there is only one case against the petitioner of Section 302 of the I.P.C. in which later on, petitioner has been implicated on the basis of suspicion. It is stated that in that case, petitioner has been allowed bail by this Court. It is stated that - 2 - after bail application of the petitioner was rejected by the learned Sessions Judge by order dated 12.9.2008, petitioner has not moved this Court for bail earlier or the learned court below again. Considering the above facts and circumstances of the case, the application is allowed. Petitioner (Surendra Rai) is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. case No.212/07. B.T (J.N. Singh, J.)