IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51063 of 2007 CHINTU YADAV @ CHAITAN KUMAR YADAV @ CHAITANYA KR.YADAV Versus THE STATE OF BIHAR ----------- 03. 05.05.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under Sections 302 and 120B of the Indian Penal Code as well as Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner was not named in the FIR and he has been implicated only on the basis of confessional statement of co-accused persons. Learned counsel for the petitioner further submits that even in the confessional statement general allegations have been levelled and no specific over tact has been alleged against the petitioner. Learned counsel for the petitioner also avers that one of the co-accused persons, who had made confessional statement against the petitioner, was Manoj Yadav and he has been enlarged on bail on the orders of this court dated 28.08.2007 passed in Cr.Misc.No.39001 of 2007. Learned counsel for the petitioner further contends that another co-accused Sanjay Rai, against whom there was specific allegation that he gave threat before the alleged occurrence, has also been enlarged on bail on the orders of this court dated 28.08.2007 passed in Cr.Misc.No.32031 of 2007. Learned counsel for the petitioner also states that the petitioner is in custody since 26.09.2007 although he has got no criminal antecedents except a case for alleged offence punishable under Section 379 of the - 2 - Indian Penal Code. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner, namely Chintu Yadav @ Chaitan Kumar Yadav @ Chaitanya Kr. Yadav, be released on bail on furnishing bail bond of Rs.10,000.00 ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arariya in connection with Narpatganj P.S.Case No.50 of 2007. sunil ( S.N.Hussain,J.)