IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1985 of 2011 JUBER BHANT @ MD. JUBER BHANT, SON OF MD. RIYAZ BHANT Versus THE STATE OF BIHAR ----------- 2/ 03.03.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks his bail in connection with Azamnagar P.S. Case No. 72 of 2010 registered under Section 395 of the Indian Penal Code. At the very outset, learned counsel for the petitioner submits that having similar allegation, co-accused persons Ranjeet Kumar Roy @ Ranjit Roy @ Kalu Roy and Sapan Ray @ Sopan Ray have already been granted privilege of bail by different Benches of this Court. He further submits that nothing has been recovered either from the house or from conscious possession of the petitioner as it appears from the submissions of the learned counsel for the petitioner before the learned Additional Sessions Judge, Fast Track Court No. 2, Katihar but the above stated court has observed that looted bicycle and two batteries were recovered from the house of the petitioner. In the aforesaid circumstances, this Criminal 2 Miscellaneous Case stands disposed of with a direction to the learned Additional Sessions Judge, Fast Track Court No. 2, Katihar to verify the above stated fact and if nothing has been recovered from the conscious possession or from the house of the petitioner, then in that event, the petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court No. 2, Katihar in connection with Azamnagar P.S. Case No. 72 of 2010 (Sessions Trial No. 394 of 2010). It goes without saying that if the factum of recovery is found true, the petitioner shall not be released on bail. Anjani/ ( Hemant Kumar Srivastava, J. )