IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1746 of 2011 RAJBALLABH PASWAN @ DAROGI PASWAN, SON OF SRI RAMJI PASWAN Versus THE STATE OF BIHAR with Cr.Misc. No.4029 of 2011 PINKU KUMAR @ PINNU KUMAR, SON OF LATE BIHARI MAHTO Versus THE STATE OF BIHAR ----------- 02 28.02.2011 Both the above stated petitions arise out of Noorsarai P.S. Case No. 174 of 2010 registered under Sections 461 and 379 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order. Heard learned counsels appearing for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are not named in the First Information Report and admittedly, nothing has been recovered from conscious possession of the petitioner in Cr. Misc. No. 1746 of 2011 and except his confessional statement there is nothing against him. So far as petitioner in Cr. Misc. No. 4029 of 2011 is concerned, allegedly, some stolen fans were recovered from his house and it appears from perusal of the impugned order that the mother of this petitioner disclosed before the police that the aforesaid stolen articles had been kept by the petitioner in Cr. Misc. No. 1746 of 2011 in her house. The statement of aforesaid witness suggests that petitioner in Cr. Misc. No. 4029 of 2011 had not taken active part in committing the alleged theft. The impugned order of learned - 2 - Additional Sessions Judge does not disclose any criminal antecedent of the petitioner in Cr. Misc. No. 4029 of 2011. The petitioners are languishing in jail custody for more than two months. Considering the aforesaid facts and circumstances as well as submissions of the parties, both the above stated petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Biharsharif (Nalanda) in connection with above stated Noorsarai P.S. Case No. 174 of 2010. Shahzad ( Hemant Kumar Srivastava, J.)