IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27100 of 2010 SANJAY KUSHWAHA @ SANJAY BHAGAT @ SANJAY KUMAR GANDHI son of Rameshwar Bhagat @ Ramasewak Kushwaha of village Bokare, P.S.-Patahi, Dist.-East Champaran …… …….Petitoner Versus THE STATE OF BIHAR ….. ……Opp.Party with Cr.Misc. No.28100 of 2010 JAVED @ JAUWAD son of Shekh Hasim, resident of village-Chhapara Bahas, P.S.-Sugauli, Dist.-East Champaran …… …….Petitioner Versus THE STATE OF BIHAR …… …..Opp.Party ----------- 3. 2.12.2010. Both the petitions have been heard together as they arise out of one order and are being disposed of by this common order. Heard Mr.Ansul learned counsel for the petitioners and Mr. Ram Chandra Singh learned Additional Public Prosecutor appearing on behalf of the State. The petitioners, who are in custody in connection with Sugauli P.S. Case No.66 of 2010 for the offence under section 395 of the Indian Penal Code, have prayed for grant of bail. First information report, in the present case, was lodged against unknown. However, subsequently, the petitioners were remanded in the present case and charge-sheet has been submitted against them. While pressing the bail petition, it was submitted that only on suspicion the petitioners have been made accused in the present case. It has further been submitted that the petitioners were not put on T.I.parade nor anything was 2 recovered from their possession. While referring paragraph 16 of the case diary, it was submitted that two persons, who were employees of the informant had collected money from different places and thereafter, instead of returning from regular route one of the persons, who was driving motorcycle, namely Anant Kumar Dubey, preferred the route which was an abandoned route and on this ground it was submitted that it appears that the employee of the informant himself had given a picture of commission of dacoity but instead he has grabbed entire money. Mr. Ramchandra, learned Additional Public Prosecutor appearing on behalf of the State, has opposed the prayer of the petitioners. However, he is not in a position to dispute the submission of the learned counsel for the petitioners that the petitioners were made accused only on suspicion. In the facts and circumstances of the case, let the petitioners above named be enlarged on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No.66 of 2010. Md.S. ( Rakesh Kumar, J.)