IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41521 of 2011 Khajanchi Mishra @ Ratnesh Mishra & Anr. Versus The State Of Bihar ---------------------------------- 2 15-12-2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Admittedly, except Section-379 of the Indian Penal Code, almost all the sections are bailable in nature and furthermore, there is case and counter case between the parties. The allegation of theft is also not specific against the petitioners rather it is stated that petitioners and others snatched gold chain as well as cash from the informant but in spite of that, learned Ist Additional Sessions Judge, Bettiah rejected the bail petition of the petitioners. It appears to me that the learned Ist Additional Sessions Judge, Bettiah has not applied his judicial mind and in routine manner, disposed of the bail application filed by the petitioners. The conduct of the learned Ist Additional Sessions Judge, Bettiah is not appreciable and he should be more vigilant in future while passing bail orders. Accordingly, petitioners, namely, Khajanchi Mishra @ Ratnesh Mishra and Pattha Mishra @ Arvind Mishra are directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like - 2 - amount each in connection with Shikarpur P. S. Case No. 312 of 2011 to the satisfaction of Chief judicial Magistrate, Bettiah, West Champaran. Let the order be communicated to the Ist Additional Sessions Judge, Bettiah for needful. AKV/- (Hemant Kumar Srivastava,J.)