IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36154 of 2009 Sonu Bharat @ Sonu Kumar S/O Ashok Bhagat R/O Byahut, P.S- Nougachhia, Distt- Bhagalpur. ------------- Petitioner Versus The State of Bihar ---------- Opp. Party With Cr.Misc. No.36853 of 2009 Pintu Kumar Choudhary, Son of Subhash Choudhary, of Village Shahkund, P.S. Hahkund, District Bhagalpur. ----------- Petitioner Versus The State of Bihar ------------ Opp. Party ----------- 2 4.11.2009 Heard counsel for the petitioners and counsel for the State in both the aforementioned cases. The First Information Report for an offence under Section 395 of the Indian Penal Code has later on in course of investigation led to implication of number of persons including the petitioners, namely, Sonu Bharat @ Sonu Kumar and Pintu Kumar Choudhary. From reading of the impugned order, it is clear that the looted article was recovered from the conscious possession of Manjit Choudhary along with the driving licence and Voter Identity Card of the informant. It is said in the confessional statement of Manjit Choudhary that the petitioners were also the members of 2 gang who had committed offence of dacoity. It would also transpire that the looted articles were recovered from also one accused Chhatu Sah who has made confessional statement and named the petitioners to be the members of the gang. Apart from it, the recovery is also from the conscious possession of one Sonu @ Ranjit Singh and in fact after arrest of these three persons when the name of both the petitioners has transpired they are said to have been arrested at the place where the empty truck on which the stolen articles were said to loaded and looted away. The petitioners however have not been put on Test Identification Parade and their complicity at best till now would remain confined to the confessional statement of the three co-accused and thus in absence of any corroboration by way of recovery of looted articles from the conscious possession of the petitioners, their case would be distinguishable from the case of aforesaid Manjit Choudhary, Chhatu Sah and Sonu Singh @ Ranjit Singh. Taking all these aspects into consideration, both the aforementioned 3 petitioners, namely, Sonu Bharat @ Sonu Kumar and Pintu Kumar Choudhary are directed to 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 Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 122 of 2009, It is, however, made clear that one of the bailors must be either of the parents or wife of the petitioners and the petitioners must remain present regularly and punctually in course of trial and their absence even for two consecutive dates would entail consequence of their cancellation of the present bail. Rsh (Mihir Kumar Jha, J.)