IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1256 of 2009 1.NATHO RAI, son of Ramkaran Rai, resident of village-Kalyanpur Dakshini Tola, P.S.Bibhutipur, District-Samastipur. 2. NARESH RAI, son of Jagdish Rai, resident of village-Makdampur Bijulia, P.S.Mansoorchak, District-Begusarai. Versus STATE OF BIHAR ----------- 2. 12.2.2009 Heard Sri Javed Aslam, Advocate for the petitioner and the learned A.P.P. for the State. The case has ultimately been found true only under Sections 363 and 365 of the Penal Code. The contention is that the offence under Section 363 IPC is bailable and that under Section 365 is triable by a Magistrate of the Ist Class and the petitioner is in custody since 29.11.2008. Let the above named two petitioners be released from custody on furnishing bond of Rs.5,000/-(five thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Mansoorchak P.S.Case No.34 of 2008. B.Kr. ( Dharnidhar Jha, J. )