IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11773 of 2009 1. SHAMBHU YADAV son of Lochan Yadav. 2. Md. Anaiatullah @ Guddu, son of Md. Abbas. Both residents of village – Mangabara (Bara Toli), Rahmat Toli, PS- Srinagar, Distt. Madhepura Versus STATE OF BIHAR ----------- 07. 21.12.2009 Petitioners are accused in Jadia P S Case No. 78 of 2006. Case was registered under sections 395/412 of the Indian Penal Code. They are in custody since 24.7.2007. Submission of the counsel is that some other accused have already been enlarged on bail besides petitioners’ name has figured on the basis of a confession. There is no recovery from them of any looted articles and that should be a ground in favour of the petitioners for grant of bail. But from the case diary the Court has noticed that there are four cases of similar nature pending against the petitioners and therefore they he have antecedent of similar kind. Whether they are on bail and not in those cases is other issue but surely the petitioners do not have the clean records That is one of the reasons that while granting bail to the petitioners the Court is of the opinion that the petitioners must appear before the Officer Incharge of nearest police station, which is stated to be Srinagar Police Station, once in a month and report their activity till the trial of the case is completed. Let the petitioners Shambhu Yadav and Md. Anaitullah alias Guddu be enlarged on bail on furnishing bail bond of Rs.15,000/- each with two sureties of the like amount each to the - 2 - satisfaction of the Chief Judicial Magistrate, Supaul in connection with Jadia P S Case No. 78 of 2006. One of the surety will be executed by the respective father of the petitioners and other by a close relation on due identification. Let a copy of this order be communicated to the Superintendent of Police, Madhepura for appropriate steps and directions to be issued to the police station in this regard. rkp (Ajay Kumar Tripathi, J)