IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26003 of 2009 1. MD.QAYUM 2. SANJAY SAHNI 3. KAUSHAL MAHTO 4. MOHAN SAHNI -------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 25.8.2009 Heard learned counsel for the petitioners and the State. Petitioners are found fishing from the pond in their own capacity after purchase from the co-sharer of the informant, so fixing liability of theft, their arrest can never be justified. I agree with the submission. Having regard to the facts and circumstances, the above named petitioners shall be released on bail, in the event of arrest or surrender within one month from the date of communication of this order, on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in Bhagwanpur P.S.Case no. 49/09, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI