IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38346 of 2009 1. RAM KUMAR PASWAN 2. SANJIT RAI Versus STATE OF BIHAR ----------- 02/ 09.11.2009 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are accused in Musrigharari P.S. Case No. 89 of 2009 for offences punishable under Sections 379/34 of the Indian Penal Code. The substance of allegation as set out in the F.I.R. is that while the informant was traveling in the City Ride bus along with his family members his attaichi was opened and the contents thereof were stolen away. It is alleged that when the informant raised alarm the accused persons started fleeing away but on chase two of them were apprehended i.e. present petitioners. Learned counsel appearing on behalf of the petitioners submits that the allegation is not correct inasmuch as no recovery of any stolen article was made from the personal possession of the petitioners. It is submitted that they have been arrested on mere suspicion and that they have no criminal antecedents. Considering the facts and circumstances, let petitioners, namely, Ram Kumar Paswan and Sanjit Rai be - 2 - released on bail upon each one of them individually furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Musrigharari P.S. Case No. 89 of 2009, subject to the condition that:- (1) One of the bailors would be their respective father and who would clearly indicate the relationship with the petitioners. (2) The petitioners would be attending the court below on each and every date fixed in the case and the failure on their part to attend the court below on two consecutive dates would confer liberty on the court below to initiate proceedings for cancellation of their bail bonds and for taking them into custody. S.Sb/- (Jyoti Saran, J.)