IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25267 of 2009 1. Rajdeo Yadav, son of Ram Khelawan Yadav, resident of village- Basdeopur, P.S.- Bahadurpur, District- Darbhanga 2. Surendra Yadav, son of Kumar Yadav. Resident of village- Dhoie Nabtoli, P.S. Sadar, District- Darbhanga …… Petitioners Versus The State Of Bihar …… Opp.Party ----------- 3. 27/10/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 392 of the Indian Penal Code, later on converted into section 395 of the Indian Penal Code. Petitioners are not named in the F.I.R. Their names transpired on the confessional statement of one mechanic of Motorcycle, namely, Gauri shankar Mandal, who stated that one Sanjay Yadav had brought the motorcycle from the house of petitioner no.1 for repairing and when he quoted the expenses, he asked the mechanic to hand over the motorcycle to petitioner no.2. It is submitted that except for the said statement of the mechanic, there is no material against petitioners to implicate them in the crime. It is also said that the petitioners are in jail since 16.1.2009 and they have no criminal antecedents at all. - 2 - Considering the above facts and circumstances, this application is allowed. Let both the petitioners be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Darbhanga in S.T.No.215/09 (arising out of Kewati P.S.Case No.1 of 2009) with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. Pradeep/ (J. N. Singh, J.)