IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36112 of 2010 Md. Naushad Ahmad @ Shamshad Ahmad, son of Wali Ahmad, resident of village Lakhminia, P.S. Balia, District Begusarai………………………………………………..Petitioner Versus The State Of Bihar…………………………………….….Opposite Party With Cr.Misc. No.36218 of 2010 Sanjit Kumar @ Sanjiv Kumar @ Sharmajee @ Sanjit Kr. Singh, son of Sri Arjun Singh, resident of Karyananad Nagar, Lakhisarai, P.S. Town District Lakhisarai………………………………………………………….…………………Petitioner Versus The State of Bihar………………………………..…….Opposite Party ----------- 2 11.10.2010 Heard learned counsels for the petitioners as well as learned counsel for the State. First information report was instituted against eight accused persons by name who were said to have been caught in the process of dismantling an electric tower. Learned counsels for the petitioners points out that some other accused persons have been allowed bail by a Bench of this Court vide Annexure-2 of Cr. Misc. No.36218 of 2010 noticing their case that they were labourers of the Contractors of the Electricity Department and they were working on the site under the orders of the Contractors and under bona fide belief that 2 work was duly authorized by the Department. Learned counsels for the petitioners submit that in fact, out of eight accused persons, five has been allowed bail by various orders of this Court including Anenxure-2. They submit that the occurrence is said to be in day time at about noon on 10.06.2010 and it is highly unlikely that during the day hours, any attempt for theft of electric wire or articles of Electricity Department will be made. They submit that petitioners have no criminal antecedents and they are in jail since 10.06.2010 having been caught at the spot itself. Considering the orders passed by different Benches of this Court in the cases of other identically situated accused persons, both these applications are allowed. Let petitioners of both these applications, namely, Md. Naushad Ahmad @ Shamshad Ahmad and Sanjit Kumar @ Sanjiv Kumar @ Sharmajee @ Sanjiv Kr. Singh, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial 3 Magistrate, Begusarai in connection with Muffasil P.S. Case No.259 of 2010 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. BT (J. N. Singh, J.)