IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42585 of 2011 Bablesh Yadav Versus The State Of Bihar with Criminal Miscellaneous No.42793 of 2011 Mangni Lal Yadav Versus The State Of Bihar ---------------------------------- 2 22-12-2011 Both the above-said Cr. Misc. Cases arise out of the same case i.e. Banka (Barahat) P.S. Case No. 301 of 2011 registered under sections-364/34 of the Indian Penal Code and accordingly, the above-said Cr. Misc. Cases are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Originally, the informant filed Complaint Case on 05- 10-2010 for an occurrence which had taken place on 15-06- 2010. The aforesaid Complaint case was registered as above- said police case. Petitioner in Cr. Misc. No. 42585 of 2011 is named with allegation that on the alleged date of occurrence, the deceased left his house in the company of the petitioner but after that he never returned. So far the petitioner in Cr. Misc. No.42793 of 2011 is concerned, his name surfaced in this case when the petitioner in Cr. Misc. No. 42585 of 2011 made his so-called confessional statement. - 2 - It appears from perusal of the impugned order of learned Additional Sessions Judge that when the petitioner in Cr. Misc. No. 42585 of 2011 confessed his guilt, he disclosed this fact that the mobile phone of the deceased, was being used by him and motorcycle of the deceased was being used by other co-accused persons but impugned order of learned Additional Sessions Judge does not reflect this fact as to whether the aforesaid articles were seized in course of investigation or not. Considering the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioners, namely, Bablesh Yadav (in Cr. Misc. No. 42585 of 2011) and Mangni Lal Yadav (Cr. Misc. No. 42793 of 2011) are directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Banka (Barahat) P.S. Case No. 301 of 2011 to the satisfaction of Chief Judicial Magistrate, Banka. AKV/- (Hemant Kumar Srivastava,J.)