IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35484 of 2009 ANIL YADAV, S/O Late Dhiro Yadav, resident of village Dariapur, P.S. Kharagpur, District- Munger 2. Kailash Roy, son of Abodhi Ropy @ Ajodhi Roy, resident of village- Patghaghar, P.S. Kharagpur (Tetia Bambar O.P.), District- Munger …………… Petitioners Versus THE STATE OF BIHAR …………. Opp.Party ----------- 3. 18/12/2009 Heard learned counsel for the petitioners and learned counsel for the State. Case is under section 396 of the Indian Penal Code and section 17 of C.L.A. Act. Petitioners are not named in the F.I.R. and from the order of learned Sessions Judge it appears that their names surfaced in the confessional statement of co-accused Nand Kishore Yadav, Ram Pravesh Yadav,Shyam Sundar Mandal, Chhotelal Yadav, Barku Marandi and Shambhu Mandal. From Annexure-2 series, it appears that all these accused persons, who have made confessional statements, as recorded in the order of learned Sessions Judge, have been allowed bail by this Court. It is said that petitioners themselves surrendered in the case on 28.7.2009 and since then they are in jail. It is also said that petitioners have no criminal - 2 - antecedents at all. 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 Railway Judicial Magistrate 1st Class, Kiul in G.R.P.Jhajha P.S.Case No.15 of 2008 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.)