IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49535 of 2008 AMIR ALAM KHAN S/O-Late Akhtar Khan, R/O-Mohalla-Sultanganj Nawgharwa, P.S.-Sultanganj, Distt.-Patna. Versus STATE OF BIHAR ……………………………………..Opposite Party. WITH Cr.Misc. No.52944 of 2008 PIYUSH KUMAR S/O-Sri Jagadish Ram, R/O-Vill-Biram Bigha, P.S.-Dehri-on-Sone, Distt.-Rohtas. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. WITH Cr.Misc. No.50172 of 2008 MANTOO KUMAR S/O-Shri Saroj Prasad Gupta, R/O-Mohalla-Chailitad, Kazibagh, P.S.-Alamganj, Distt.-Patna. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. WITH Cr.Misc. No.132 of 2009 SUDHAKAR KUMAR S/O-G. Surya Prakash Rao, 81-133, P.S.-Karnool, Forth Nagar, Distt.-Karnool, Andhra Pradesh, at present Zero Mile, P.S.-Udwant Nagar, Distt.-Bhojpur. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 3/ 25.03.2009 Supplementary affidavit has been filed on behalf of petitioner namely Amir Alam Khan (in Cr. Misc. No. 49535 of 2008). Since all the above four bail applications have arisen out of one occurrence i.e. Udwant Nagar P.S. Case No. 168 of 2008, they have been heard together and are being disposed of by this common order. The petitioners are accused of the case which has been registered under Section 409 of the Indian - 2 - Penal Code. The informant is a Project Director of E.C.I. Company and he has alleged that his company has constructed a store house (godown) at Udwantnagar near Sudhani More for the purpose of upkeepment of drums of wire and transformer. Sujit Kumar was Supervisor-cum- store keeper of that godown. Allegation is that some drums of wires were recovered at Nawada. In course of enquiry, it was found that 28 drums were missing. Supervisor has got all the wires of drums misappropriated. Submission is that none of the petitioners are named in the FIR. Their name comes on the basis of confessional statement. One accused namely Mukul Kumar Singh whose case is identical to the case of the petitioners has been granted bail by this Court vide Cr. Misc. No. 51961 of 2008 on 13.02.2009 (Annexure-4). Considering the facts and circumstances of the case, the petitioners Amir Alam Khan (in Cr. Misc. No. 49535 of 2008), Piyush Kumar (in Cr. Misc. No. 52944 of 2008), Mantoo Kumar (in Cr. Misc. No. 50172 of 2008) and Sudhakar Kumar (in Cr. Misc. No. 132 of 2009) are ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial - 3 - Magistrate, Bhojpur (Ara) in connection with Udwant Nagar P.S. Case No. 168 of 2008. kksinha/ (Shyam Kishore Sharma, J.)