IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2411 of 2011 JOGENDRA MANDAL Versus THE STATE OF BIHAR with Cr.Misc. No.2883 of 2011 AJAY KUMAR MANDAL @ AJAY KUMAR RAY Versus THE STATE OF BIHAR ------- 02/ 09.03.2011 Both the above stated petitions have arisen out of Barhara P.S. Case no. 112/2010 registered under sections 457 and 380 of the IPC and accordingly, both the above stated petitions are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned P.P. for the State. Petitioners are not named in the first information report but it appears from perusal of the impugned order as well as from submissions of the learned counsel for petitioners that during the course of investigation when the house of petitioner in Cr. Misc. no.2411/2011 was searched allegedly, some stolen articles were recovered from his house and similarly, when petitioner in Cr. Misc. no.2883/2011 was arrested, allegedly, mobile set was recovered from his conscious possession. Learned counsel for petitioner in Cr. Misc. no.2411/2011 submits that alleged recovery is nothing but only highhandness of the police and as a matter of fact, articles of daily use have been recovered from the house of this petitioner. Learned counsel for petitioner in Cr. Misc. no.2883/2011 submits that according to annexure 2, arrest memo, petitioner was - 2 - arrested in presence of Sanjay Kumar Singh and Jappu Singh of his village whereas the so-called seizure list was prepared in presence of witnesses Umesh Sharma and Bhuneshwar Sharma who are not resident of village of the petitioner and the aforesaid contradiction of the prosecution case creates doubt about alleged recovery. Considering the aforesaid facts and circumstances as well as submissions of the parties, petitioners (Jogendra Mandal and Ajay Kumar Mandal @ Ajay Kumar Ray) are directed to be released on bail in connection with Barhara P.S. Case no. 112 of 2010 on furnishing bail bond of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea. shahid (Hemant Kumar Srivastava,J)