IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34224 of 2010 Anil Bind, son of Ram Jag Bind Versus STATE OF BIHAR with Cr.Misc. No.40727 of 2010 Phulan Bind, son of Juit Bind Versus STATE OF BIHAR ----------- 07.12.2010 Heard learned counsel for the petitioners as well as learned P.P. for State. Both the above stated Criminal Misc. cases have arisen out of Sheosagar P.S. Case No. 132 of 2010, registered under section 395 of I.P.C. and subsequently 412 of I.P.C. was also added. Accordingly, both the above stated Criminal Misc. cases are being disposed of by this common order. Petitioners, namely, Anil Bind and Phulan Bind seek their bail in connection with above stated Sheosagar P.S. Case No. 132 of 2010. Admittedly, petitioners are not named in the First Information Report but during course of the investigation, their name came in this case and accordingly, they were arrested. Although, learned Sessions Judge 1st has 2 recorded in his impugned order that looted Mobile and Rs.2000/- was recovered on the basis of confessional statement of petitioner in Criminal Misc. 34224 of 2010 but it appears from submission of learned P.P. that the said Mobile set was being used by one Jai Prakash Bind and not by the petitioner in Criminal Misc. Case No. 34224 of 2010. So far as the recovery of cash is concerned, admittedly, the aforesaid recovery has been made after one month of the alleged occurrence. Petitioner in Criminal Misc. 40727 of 2010 is also not named in the First Information Report and except Trikoniya nothing has been recovered from his conscious possession. Considering the aforesaid facts and circumstances as well as submission of the parties, above named petitioners, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/ with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sheosagar P.S. Case No. 132 of 2010. Ashwini/- ( Hemant Kumar Srivastava, J.) 3