IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35430 of 2009 1..RANA MAHTO Son of Satish Mahto 2.Manish Kumar Son of Shankar Mistri Both are resident of Jamni Rai Ka Kuan, Chhatta Tal, Police Station-Khajekalan, District-Patna. Versus STATE OF BIHAR ----------- 2 15/10/2009 Heard counsel for the petitioners and counsel for the State. The allegation against the petitioners u/s 394 I.P.C. and section 27 of the Arms Act arising out of an F.I.R. filed against unnamed persons is based only on suspicion in view of the statement of few witnesses as recorded in the case diary that they were seen in or around the locality at the time of occurrence. Such far fetched inferences cannot make the petitioners directly accountable for the occurrence in question. The petitioners, however, do not have a complete clean antecedent as is admitted in paragraph 12 of the petition and they have remained in custody only for a period of four months, i.e. from 17.6.2009. Taking all the aforementioned circumstances into consideration, this Court would direct for release of the abovenamed petitioners on bail on completion of nine months of their judicial custody as also by making it clear that if in future they would be found to be indulging in similar type of offences their present bail being granted under this order on completion of nine months of their judicial custody shall also stand cancelled. With the aforementioned conditions, the abovenamed 2 petitioners are directed to be released on bail on or after 19th of March, 2010 on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M. PatnaCity in Khajekalan P.S. Case No.123 of 2009 and one of the bailer of each of the petitioner must be a close family member preferably either of the parents. Abhay Kumar (Mihir Kumar Jha, J.)