IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24854 of 2009 1. BIJENDRA THAKUR, S/O UPENDRA THAKUR, R/O VILLAGE-BRHKURWA, P.S.-KUMAR KHAND, DISTRICT-MADHEPURA. 2. BABLOO YADAV, S/O LATE BHOLA YADAV, R/O VILLAGE-MARUWAHA, P.S.-MADHEPURA, DISTRICT-MADHEPURA. ……………PETITIONERS. Versus THE STATE OF BIHAR ……………OPP. PARTY. ----------- 4 03.12.2009 Heard learned counsel for the petitioners and learned counsel for the State. Case is under Section 395 of the Indian Penal Code. It is said that petitioners are not named in the FIR. They have no criminal antecedents and they have not been put on T.I.P. It is said that petitioners’ name figured in the alleged confessional statement of co-accused Chandra Bhushan Yadav and only on that basis they have been roped in in the case as an accused. Report was called for from the court below with regard to antecedents of the petitioners and that report mentions that petitioner no. 1 has five cases against him from before. Learned counsel for the petitioners 2 submits that in the first case petitioner has been acquitted and in the 2nd, 3rd and 5th case he is on bail and in the 4th case he has not yet been remanded and in fact he is not an accused in that case. In respect of petitioner no. 2 three cases have been cited in the report against the petitioner including present case also. In respect of rest two cases, it is submitted that in one case he has been acquitted and in other case he has been released on bail. Considering the fact that there is no recovery from the petitioners and they have not been put on T.I.P. and except for the confessional statement of co-accused recorded by the police, no other material appears to have come against them during the investigation, this application is allowed. Let petitioners above named be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Supaul in connection with Chhatapur P.S. Case No.93 of 2006 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as 3 may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. Arvind/ ( J. N. Singh, J.)