IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35854 of 2010 FAROOKH AZAM, SON OF MD. SHARIF ANSARI Versus THE STATE OF BIHAR with Cr.Misc. No.45021 of 2010 OJAIR ALAM, SON OF MD. SHARIF ANSARI Versus THE STATE OF BIHAR ----------- 04 21.01.2011 Both the above stated Cr. Misc. Cases have arisen out of Mohammadpur P.S. Case No. 67 of 2010 registered under Sections 395/120 (B) of the Indian Penal Code and, accordingly, both the above stated Cr. Misc. Cases are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned Public Prosecutor for the State. Petitioners are not named in the First Information Report but, in course of investigation, it came to light that petitioners had conspired along with one Hakimullah Ansari in committing the alleged crime and subsequently, it is stated that the looted cash was recovered from the houses of the petitioners. Learned counsel for the petitioners submits that there is nothing on the entire case diary to show this fact that the recovered cash was looted property. On the other hand, learned counsel appearing for the informant, submits that the above stated looted cash had been recovered on the basis of confessional statement, made by petitioner in Cr. Misc. No. 45021 of 2010. He further submits that in course of investigation, it came to light that the petitioners were in constant touch on mobile with the above stated co-accused Hakimullah Ansari. 2 Admittedly, petitioners do not have any criminal antecedent, which is evident from the report of Superintendent of Police, Gopalganj. Considering the aforesaid facts and circumstances as well as submissions of the parties above named petitioners are directed to 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 Chief Judicial Magistrate, Gopalganj in connection with above stated Mohammadpur P.S. Case No. 67 of 2010. Shahzad (Hemant Kumar Srivastava, J)