IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28787 of 2009 RAM BABU DAS Versus STATE OF BIHAR With Cr.Misc. No.16685 of 2009 MD.AKIL Versus STATE OF BIHAR ------- 2. 28.08.2009 Both the matters arise out of the same occurrence giving rise to Samastipur (Rail) P.S.Case No.19 of 2009, registered under sections 379/34 IPC. It is contended by both the counsels that as per the allegation in the FIR, an attempt was made to commit theft in the rail compartment. It is further contended that the petitioners were arrested on suspicion and there is no recovery of stolen articles. It is next contended that they are in custody since 18.02.2009 It is also contended that both the petitioners have no criminal antecedent, except one case against the petitioner Ram Babu Das (Cr.Misc.No.28787 of 2009) which was lodged sometime in 2006 on account of village rivalry. In the facts and circumstances of the case, let the petitioners abovenamed in both the cases, be released on bail on furnishing bail bond of Rs.10,000/- each, with two sureties of the like amount each to the satisfaction of Railway, Judicial Magistrare, Samastipur in connection with Samastipur (Rail) P.S. Case No. 2 19/09, subject to the condition that one of the bailors in respect of each of the petitioners shall be his own/close family member. hr ( Kishore K. Mandal )