IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32717 of 2009 BIMAL KUMAR son of Girja Prasad Ram, resident of village- Thana Road, (Gola Bazar), P. S. Buxar Town, District- Buxar. … Petitioner Versus STATE OF BIHAR … Opposite party with Cr.Misc. No.32990 of 2009 MOHAMMAD GORAKH son of Md. Mehandi Hasan, resident of Mohalla- Sohani Patti, P. S. Buxar Town, District Buxar. … Petitioner Versus STATE OF BIHAR … Opposite party ----------- 2. 18.09.2009. Heard counsel for the petitioners in both the cases and counsel for the State. At the end of the day, the allegations against the petitioner remain confined to be in custody of a motor-cycle whose original papers of sale could not be produced by them on demand by the concerned police officer. The allegation of the police that the motor- cycle recovered from the possession of these two petitioners was stolen article is sought to be questioned by counsel for the petitioners by taking a plea that it is an old motor-cycle which was purchased by Bimal Kumar for a sum of Rs.3500/- . Legally the presumption of such motor-cycle to be of theft will have to be proved in course of trial but then if the petitioners have no criminal antecedent as they have claimed in their bail application and have remained in custody for a period of nearly fix months, this Court would direct for release of the petitioners namely Bimal Kumar and Mohammad Gorakh on bail on their furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount - 2 - each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Buxar Town P. S. Case No. 142 of 2009. kanchan (Mihir Kumar Jha, J.)