IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22280 of 2009 JITENDRA KUMAR @ JITENDRA KUMAR SINGH @ JITU Versus STATE OF BIHAR With Cr.Misc. No.24581 of 2009 SHIVENDRA KUMAR @ MUNNA KUMAR Versus STATE OF BIHAR ------- 3. 21.08.2009 Both the cases arise out of the same occurrence giving rise to Warsaliganj P.S.Case No.77/2009, registered under section 392 IPC. The allegation as per FIR is that the employee of the informant was waylaid and the bag containing certain cash amount was snatched away. The informant claimed identification of the accused persons and specifically alleged that the miscreants were between the age group of 35-40 years. Learned counsels appearing in support of both the applications submit that except the facts that they were seen loitering close to the place of occurrence in the market and that they have some criminal antecedents, there is nothing tangible on records to connect them with the present occurrence. Both the counsels submit that of course there is some antecedents and they are involved in some cases, but those cases were lodged a few years ago and the petitioners are enjoying the privilege of bail in the said cases. This Court finds from the impugned order that apart 2 from the aforesaid facts, nothing more has been incorporated therein. The petitioners are stated to be in custody since 13,05,2009. Learned APP, on perusal of the case diary, has not been able to dispute the aforesaid submissions. In the facts and circumstances of the case, let the petitioners abovenamed in both the cases, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of CJM, Nawadah in connection with Warsaliganj P.S. Case No. 77/09, subject to the condition that one of the bailors in respect of each of the petitioners shall be his own/close family member and that the petitioners shall appear in person in trial no sooner charges are framed against them. In the event of default on two consecutive dates, the trial court shall be at liberty to cancel their bail bonds and secure their arrest in accordance with law. hr ( Kishore K. Mandal )