IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3434 of 2009 Amalesh Kumar Sah, Son of Sheo Sah, resident of Village- Bokane Kala, P.S. Patahi, District-East Champaran ------------- Petitioner Versus STATE OF BIHAR ----------- WITH Cr.Misc. No.3411 of 2009 Gauri Sahani, Son of Rambriksh Sahani, resident of Village- Chakarpeta, P.S. Phenhara, District-East Champaran -------------- Petitioner Versus STATE OF BIHAR ----------- 3 18-04-2009 Cr.Misc.No.3411 of 2009 filed by petitioner Gauri Sahani and Cr.Misc.No.3434 of 2009 filed by petitioner Amlesh Kumar Sah have been taken up together as they arise out of the same Patahi P.S. Case no.35 of 2008 registered under Section 394 I.P.C. against four unknown persons. The name of petitioner Amlesh Kumar Sah cropped up on the information furnished by the spies whose services were requisitioned by the police to search for the actual accused. The name of petitioner Gauri Sahani cropped up in the statement of some of the witnesses which was buttressed subsequently by the confessional statement of co-accused Amlesh Kumar Sah and on the basis thereof the stolen motorcycle was recovered from the house of Gauri Sahani . The evidence that has come in the case diary is that petitioner Amlesh Kumar Sah was seen riding on the motorcycle he was seen and on being questioned he answered that the said motorcycle belonged to his friend Gauri Sahani. - 2 - So far as petitioner Gauri Sahani is concerned, apart from, the said motorcycle recovered from his house, there is no other material against him. In the facts and circumstances of the case while enlarging the petitioner, Amlesh Kumar Sah , on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Patahi P.S. Case no.35 of 2008, prayer for bail of petitioner Gauri Sahani in view of the stolen motorcycle being recovered from his house is rejected. NKS/- (Abhiijit Sinha, J.)