IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13930 of 2008 BISHWANATH PASWAN & ANR Versus STATE OF BIHAR ----------- 3 14.05.2008 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioners Bishwanath Paswan and Binod Rai stand implicated in Mohiuddin Nagar P.S. Case No. 19 of 2007 registered under Sections 392 and 411 of the IPC. They are said to be in custody since 18.02.2007and have been denied bail on 18.09.2007 by a Bench of this Court vide Cr. Misc. No. 39367 of 2007 (Annexure-1). It has been stated that “at this stage, bail application of the petitioners is rejected.” It has been submitted that the petitioners are neither named in the FIR nor the looted Nokia Mobile, as alleged, have been recovered from the house of petitioner no. 1 (Bishwanath Paswan). The robbery could be said to have been committed in broad day-light by three unknown miscreants. But even then no T.I.P. has been arranged for the identification of the petitioners. Moreover, cash amount to the tune of Rs. 6,600/- and 2, 350/- as claimed, can be easily found in the house of anyone. Moreover, offences under Sections 392 and 411 of the IPC are triable by Ist class Judicial Magistrate. Charge sheet must be submitted within ninty days of the detention. But, even thereafter, they are rotting in custody. In the facts and circumstances of the case, the petitioners above named are admitted to bail on execution of bail bond of Rs. 2 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist class, Samastipur, in connection with Mohiuddin Nagar P.S. Case No. 19 of 2007. Sanjeet (Subash Chandra Jha, J)