IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9754 of 2009 1. Pintu Gupta, Son of Mahendra Gupta. 2. Raja Kumar, Son of Nand Kishore Singh. Both resident of Khushkibagh, P.S. Sadar, District Purnia. ----------- Petitioners Versus The State of Bihar --------- Opposite Party ----------- 4 10.9.2009 Heard learned counsel for the petitioner. Counsel for the petitioner would explain that the name of the petitioner Pintu Gupta has been mentioned in the order of the Sessions Judge, Katihar dated 9.1.2009 rejecting the prayer for bail but the name of the other co-accused, namely, Raja Kumar has not been mentioned. He, however, would submit that there were only four accused persons out of whom Umesh Yadav had already been moved before this Court separately in Cr. Misc. No. 4973 of 2009 and that this bail application is wholly with regard to petitioner no.1, namely, Pintu Gupta and petitioner no.2, namely, Raja Ram. Considering the aforementioned explanation, the defect as pointed out by the office is hereby directed to be ignored. Coming to the merits of this case, this Court would find that the allegation against the petitioners at best would be one under Section 379 and allied offences of the Indian Penal Code. The petitioners have remained in custody since 15.12.2008 and co- accused Umesh Yadav has already been directed to be released on bail in Cr. Misc. No. 4973 of 2009. The case of the petitioners stands on a better footing, inasmuch as, Umesh Yadav was apprehended at the spot. 2 Considering all these aforementioned aspects, this Court would direct for release of the petitioners on bail subject to the condition that the petitioners have no criminal antecedent. In other words, if there is any criminal antecedent of the petitioners, they shall not be released on bail for the present. However, if the court below would find that the petitioners have got no criminal antecedent, the petitioners, namely, Pintu Gupta and Raja Kumar would be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Katihar in connection with Katihar Rail P.S. Case No. 109 of 2008. Rsh (Mihir Kumar Jha, J.)