IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23010 of 2009 ISHAK MIYA Versus STATE OF BIHAR With Cr.Misc. No.24583 of 2009 TUNNA SETH Versus THE STATE OF BIHAR With Cr.Misc. No.22627 of 2009 LAL BABU DAFALI Versus STATE OF BIHAR ----------- 2. 23.07.2009 All these matters arise of the same occurrence giving rise to Kochas P.S.Case No.42 of 2009 registered under sections 461,379 and 411 IPC. The informant owns a tailoring shop. During the fateful night, a theft was committed in the shop. The informant alleged that he saw the petitioners Lal Babu Dafali and Tunna Seth along with two others committing theft. Nobody, however, was apprehended. Subsequently, it appears that the looted machines/articles were recovered from the rented house of the petitioner Ishak Mian. It is contended that petitioner Lal Babu Dafali is in custody since 22.03.2009 and petitioner Ishak Miya is in custody since 21.5.2009, whereas petitioner Tunna Seth is in jail since 22.3.2009. Counsel appearing on behalf of the petitioners Lal Babu Dafali and Tunna Seth submits that there is - 2 - admittedly no recovery of looted articles from their possession. So far as the petitioner Ishak Miya is concerned, learned counsel submits that admittedly the petitioner was not arrested from the alleged rented house. He further submits that this petitioner claims to have purchased those articles/machines. Having regard to the facts appearing on records, this Court directs for the release of the petitioners Lal Babu Dafali and Tunna Seth on their furnishing bail bonds of Rs.10,000/- each, with two sureties of the like amount each, to the satisfaction of CJM, Rohtas at Sasaram in Kochas P.S.Case No.42/09, subject to the condition that one of the bailors of each of the petitioner shall be close/own family members. So far as the petitioner Ishak Miya is concerned, while rejecting his prayer for bail on his behalf, this Court observes that he may renew his prayer for bail after four months. hr ( Kishore K. Mandal )