IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35385 of 2010 BILASH YADAV Versus THE STATE OF BIHAR with Cr.Misc. No.35368 of 2010 BINOD SINGH Versus STATE OF BIHAR ----------- 02 15.11.2010 Cr. Misc. No. 35385 of 2010 filed on behalf of petitioner Bilash Yadav and Cr. Misc. No. 35368 of 2010 filed on behalf of Binod Singh have taken together. Both the above stated criminal miscellaneous cases have arisen out of Khizarsarai P.S. Case NO. 13 of 2010 registered under Section 379/405 and 34 of the I.P.C. and 04/40(I) of B.M.M.C. Rule 1972 and accordingly, both the above stated criminal miscellaneous cases are being disposed of by common order. Heard learned counsel for the petitoners as well as learned P.P. for the State. Admittedly, Seciton 405 of the I.P.C. is definition clause and Section 379 of the I.P.C. is not applicable in this case and so far as the rest sections are concerned, the same are bailable in nature. Moreover, one co-accused having similar 2 allegation has already been granted privilege of anticipatory bail by learned Sessions Judge itself. In the aforesaid circumstance, petitioners, namely, Bilash Yadav and Binod Singh, in the event of their arrest/surrender within thirty days from the date of communication of this order to the concerned court in connection with Khizirsarai P.S. Case No. 13 of 2010, shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of C.J.M, Gaya subject to condition as laid down under Section 438(2) of the Cr.P.C. Shahzad (Hemant Kumar Srivastava, J.)