IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28094 of 2009 SHAHEEN PRAVEEN W/o- Md. Naushad, resident of Khan Mirza, P.S.Sultanganj, District-Patna Versus STATE OF BIHAR WITH Cr.Misc. No.29917 of 2009 ABDUL KALAM, Son of Late Md. Haroon resident of Mohalla-Tiraiki Masjid Dargah Road, Police Station Sultanganj, District- Patna Versus STATE OF BIHAR WITH Cr.Misc. No.26968 of 2009 AJAY PRASAD, son of Mahendra Prasad, Resident of Baksariya Tola, P.S.-Sultanganj, P.O.-Mehendru, District-Patna Versus STATE OF BIHAR WITH Cr.Misc.No.20990 of 2009 KISHORI DEVI, wife of Rajeshwar Prasad @ Lala Bhagat, resident of Mahendra-Ranighat near Training College, P.S.-Sultanganj, District-Patna Versus STATE OF BIHAR ----------- 2 20.08.2009 Heard counsel for the petitioners and counsel for the State. The four bail applications are with respect to offences committed under Sections 395, 397, 412 of the Indian Penal Code and 27 of the Arms Act. On the basis of fardbeyan, dacoity was committed in several medicine shops in the new market Patna. During investigation the police raided the house of one Om Prakash and from his house five persons were arrested who are 2 Daljeet Singh, Alok Raj, Manoj Kumar, Banti @ Nisant Kumar, Md. Javed and one other person. A recovery of Rs. 2 lacs was made from the house of Om Prakash. Om Prakash was granted bail by this Court on the ground that he had allowed Daljit Singh son of his brother-in- law(sarhu) to take shelter in his house and distribute the money which was looted from the shops of the Patna Market. Present petitioners are the parents of some of the other accused who are young boys and had kept part of looted money in their respective houses and as such the recovery was made from them. Kishori Devi is the mother of Ravi Pd. and Shashi Pd. a sum of Rs. 10,000/- was recovered from her house. It is stated on her behalf that she is a disabled lady and could not have participated in the dacoity, her only fault is that she happened to be the mother of Ravi Pd. and Shashi Pd. Shaheena Praveen is the mother of Md. Javed who was arrested from the house of Om Prakash and Rs. 10,000/- has been recovered from the house of Shaheena Praveen. It has been submitted on behalf of Shaheena Praveen that her involvement in the crime is not 3 direct, rather she has been made accused because she happens to be the mother of accused Md. Javed. Abdul Kalam is 72 years old and is the father of Md. Ashraf @ Chand and Md. Arman and Rs. 20,000/- was recovered from his house. It is submitted on behalf of the Abdul Kalam that he was not involved in the occurrence but because the house belongs to him that he has been held responsible for recovery of the looted amount was made. Although he did not participate in the said occurrence. On behalf of the Ajay Prasad, it has been submitted that he is the father of Alok Raj who was arrested from the house of Om Prakash where recovery was made of Rs. 2 lac of the looted amount was made. Learned counsel submits that Ajay Pd. being father of Alok Raj has been made accused in this case. It has further submitted that Ajay Pd. did not participate in the occurrence rather his son kept part of the looted money in his house and therefore, he has been made accused. Considering the facts and circumstances, the above named petitioners are directed to be released on bail on furnishing bail bonds of 4 Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kadam Kuan P.S. Case No.112/2009 (G.R. No. 1813/2009). Bibhash (Sheema Ali Khan, J.)