IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19903 of 2009 Doman Yadav @ Domi Yadav, Son of Bahadur Yadav, Resident of Village-Sonvarsha Mathar, Diyara, P.S.-Nayagaon, District-Begusarai. ……..Petitioner. Versus The State of Bihar ……Opposite Party. With Cr.Misc. No.20947 of 2009 Punit Yadav, Son of Mahesh Yadav, Resident of Village-Mathar Sonbarsha Diyara, P.S.-Nayagaon, District-Begusarai. ……Petitioner. Versus The State of Bihar ……Opposite Party. ----------- 2. 11.06.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are accused in a case under Sections 392 & 411 of the Indian Penal Code. The allegation is that on the confessional statement of the co-accused, the petitioner, Doman Yadav @ Domi Yadav was arrested and a mobile phone was recovered from his possession. Learned counsel submits that it is specifically stated in paragraph Nos. 10 to 12 that the mobile was not the stolen mobile, even the EMI No. does not tally with the stolen mobile. It has also been stated that the mobile was not put on T.I. Parade. It is further submitted that the petitioner was remanded in two cases simultaneously on the basis of the aforesaid statement of co- 2 accused. The petitioner has already been granted bail in one case and this is the second case in which he has remained in custody. As far as the petitioner, Punit Yadav who is petitioner in Cr. Misc. No. 20947 of 2009 is concerned he has been arrested in this case as well as in another case under Sections 392 and 411 of the Indian Penal Code. It is alleged that he has made his confessional statement accepting his guilt and disclosing that the mobile phone was with the petitioner, Doman Yadav @ Domi Yadav as stated earlier. The stolen mobile phone does not tally with the EMI number of the recovered mobile phone. It is further stated that there is no material against Punit Yadav except his confessional statement. Considering the aforesaid facts, petitioners Doman Yadav @ Domi Yadav (Cr. Misc. No. 19903 of 2009) & Punit Yadav (Cr. Misc. No. 20947 of 2009) are directed to be released on bail in connection with Balia P.S. Case No. 184 of 2008 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai. Vikash/- (Sheema Ali Khan, J.)