IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21317 of 2009 ANIL MISTRY Versus STATE OF BIHAR With Cr.Misc. No.18129 of 2009 KAMLESH YADAV @ KAMLESH KUMAR @ MADAN YADAV Versus STATE OF BIHAR ----------- 2 06.07.2009 Heard both sides. Learned counsel appeared in support of prayer made in Cr. Misc. No. 21317/09. No body appears on behalf of the petitioner in Cr. Misc. No. 18129 of 2009 which is a connected case as both of these applications arise out of Bodh Gaya P.S. case no. 163 of 2008 registered under section 379/34 of Indian Penal Code. F.I.R. has been lodged against the unknown in relation to snatching of a bag belonging to the informant which contained cash and mobile phone. It appears from the record that the petitioner of Cr. Misc. No. 21317 of 2009 was arrested on 22.01.2009 and three mobile phones are said to have been recovered from his possession. One of such phones is the subject matter of the present case. Learned counsel submits that on the same day, two seizure list memos were prepared. The one related to the present case and the another related to a case instituted under section 392 of Indian Penal Code. It is contended that he has been granted bail in Bodh Gaya P.S. case no. 149 of 2008. The motorcycle was also seized but learned counsel 2 submits that the same belonged to his own brother and on his application, an order has already been passed by the Court for release of the said motorcycle in his favour. It is further contended that he is in custody since 22.1.2009 In the facts and circumstances of the case, let petitioner Anil Mistry (Cr. Misc. No. 21317 of 2009) be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S. case no. 163 of 2008 subject to the following conditions: (i) one of the bailers will be own/close family member of the petitioner. (ii) The petitioner shall report personally to the Magadh University Police Station once in every month preferably on Saturday/Sunday for a period of six months. In case of default, the officer-in- charge of Magadh University Police Station shall promptly report the matter to the court in seisin of the matter whereafter it shall be open to the court below to cancel the bail bonds of the petitioner and ensure his arrest in accordance with law. So far the second case (Cr. Misc. No. 18129 of 2009) 3 is concerned , it appears that the petitioner is in custody since 22.1.2009. His name surfaced in the present case on the basis of confessional statement made by co-accused Anil Mistry as well as one Ravi Yadav. .There is no recovery from his possession. Having regard to the facts and circumstances of the case, let petitioner Kamlesh Yadav @ Kamlesh Kumar @ Madan Yadav @ Kameshwar (Cr. Misc. No. 18129 of 2009)be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S. case no. 163 of 2008. pkj ( Kishore K. Mandal, J. )