IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17956 of 2009 MD.AFROZ son of late Md.Mubarak, resident of Mohalla-Hasnabad (Near Shahi Masjid), P.S.-Nathnagar, Dist.-Bhagalpur presently resides at Mohalla-Narga Bazar, P.S.-Nathnagar, Dist.-Bhagalpur Versus STATE OF BIHAR With Cr.Misc. No.7459 of 2009 MD.AYAZ @ NAURA son of Md.Imtiyaz, resident of Maulanachak, P.S.- Mojahidpur, Dist.-Bhagalpur Versus STATE OF BIHAR With Cr..Misc. No.14473 of 2009 MD.AFSAR son of late Md.Kalim, resident of Mohalla-Jabbarchak, P.S.- Tatarpur, Dist.-Bhagalpur Versus STATE OF BIHAR ----------- 2/ 16.7.2009 All the above three applications have been heard together and are being disposed of by this common order because they have arisen out of one occurrence for which first information report was registered against seven unknown under Section 396 of the Indian Penal Code. In course of dacoity in the shop, one person was shot dead. Criminal looted away a number of articles and cash. Common submission of the petitioners is that they are not named in the first information report and they have not been put on test identification parade. On behalf of petitioner Md.Afsar( Cr.Misc.No. 14473 of 2009), it has been submitted that no incriminating article has been recovered from his possession. On behalf of petitioner Md.Ayaz @ Naura (Cr.Misc.No. 7459 of 2009), it has been submitted that his name has come on the basis of confessional statement of co-accused Md.Fakhruddin. Nothing has been recovered from his possession.. On behalf of Md. Afroz (Cr.Misc.No.17956 of 2009)it has been submitted that his name has come on the basis of confessional statement of co-accused Md.Ashique Ansari who has also told that he has sold looted mobile to petitioner Md.Afroz after taking Rs.1000/-. That mobile was recovered from said Md.Afroz. It has been submitted that petitioner was not knowing that the said mobile was a looted one. Further submission is that other co-accused namely, Md.Taj, Md.Haider, Md.Alam, Md.Kamran alias Khaja alias Khajwa and Md.Irfan have been granted bail by different orders of this Court. Considering the facts and circumstances of the case, let the above named three petitioners of all the three applications be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/concerned court, Bhagalpur in connection with petitioner of Cr.Misc.No. 17956 of 2009 in Kotwali (Tatarpur) P.S.Case No. 734 of 2007 and to the satisfaction of Additional Sessions Judge, Fast Track Court No.III, Bhagalpur in connection with petitioners of Cr.Misc.Nos.7459 and 14473 of 2009 both in Sessions Trial No. 489 of 2008 arising out of Kotwali (Tatarpur) P.S.Case No. 734 of 2007. Md.S. ( Shyam Kishore Sharma, J.)