IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40365 of 2010 TULSI MOCHI Versus STATE OF BIHAR with Cr.Misc. No.35003 of 2010 SATISH MAHTO Versus STATE OF BIHAR ----------- 02 21.12.2010 Both the Cr. Misc. cases have arisen out of Dulhin Bazar P.S. Case No. 26 of 2010 registered under Sections 147, 148, 149, 342, 323, 427, 379, 504 of the Indian Penal Code, 27 of the Arms Act and 17 of the Criminal Law Amendment Act and accordingly, both the above stated petitions are being disposed of by this common order. Petitioners are not named in the First Information Report nor anything has been recovered from their conscious possession. It appears from perusal of impugned order of learned Additional Sessions Judge that prayer for bail of these petitioners has been rejected only on two counts. Firstly, they carry criminal antecedent and secondly, some witnesses claimed to have seen the petitioner in Cr. Misc. No. 40365 of 2010 in participating the alleged crime. In course of hearing, learned counsel appearing for the petitioner in Cr. Misc. NO. 40365 of 2010 drew my attention towards Annexure-2 of the petition and submitted that the memo of evidence filed by the Investigating Officer at the time of remand of the petitioners, does not disclose the statements of above stated so-called eye-witnesses and, as a matter of fact, the petitioners were arrested on 06.04.2010 and after that Investigating Officer manufactured the above stated statements of the witnesses. 2 Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, above named petitioners, Tulsi Mochi and Satish Mahto, 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 Sri Subash Chandra Sharma, Judicial Magistrate, 1st Class at Danapur in connection with Dulhin Bazar P.S. Case No. 26 of 2010. Shahzad (Hemant Kumar Srivastava, J)