IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40947 of 2009 1. Baidyanath Sah, son of Late Deep Narayan Sah, R/o Village- Samaspur, P.S.-Mahua, District- Vaishali. 2. Ranjit Sah @ Ranjit Kumar Sah, son of Bhikshari Sah. 3. Sanjay Sah @ Sanjay Kumar Sah, son of Late Naresh Sah, R/o Village- Hasanpur Bhadvas, P.S. Mahua, District- Vaishali. ……………………………………Petitioners. Versus The State of Bihar ………………………….Opposity Party. With Cr.Misc. No.43699 of 2009 Md. Rashid @ Md Rasid Hussain @ Lalahi Mistry @ Lala, S/o Md. Yusuf Hussain, resident of Village- Paharpur Toi, P.S. Desari, District- Vaishali…………………Petitioner. Versus The State of Bihar ………………………….Opposite Party. ----------- 3. 19. 04. 2010. Heard Mr. Manish Chandra Gandhi and Mr. Satya Prakash Sinha, learned counsels appearing on behalf of the petitioners and Mr. D. Mehta, learned Additional Public Prosecutor for the State. The petitioners in both the cases apprehend their arrest in connection with Mahua P.S. Case No. 295/2009, registered under Section 414 of the Indian Penal Code. Learned counsel for the petitioners submits Petitioner Nos. 2 and 3 namely, Ranjit Sah @ Ranjit Kumar Sah and Sanjay Sah @ Sanjay Kumar Sah are the owner of Tobacco Khuti Mill and Petitioner No. 1, namely, Baidyanath Sah, happens to be their brother-in-law. So far, petitioner, namely, Md. Rashid @ Md. Rasid Hussain @ Lalaji Mistry @ Lala is concerned, he is owner of a garage. According to the prosecution case, half body of Bolero 2 vehicle was found concealed in the aforesaid Tobacco Mill of Petitioner Nos. 2 and 3 in Cr. Misc. No. 40947 of 2009 and chesis etc. were found in the garage of the petitioner in Cr. Misc. No. 43699 of 2009. It is submitted by the learned counsel for the petitioners that as a matter of fact, no case of theft has been lodged with respect to the vehicle in question and therefore, offence under Section 414 I.P.C. is not at all attracted in the present case. It is further submitted that petitioners in Cr. Misc. No. 40947 of 2009 are closely related to each other and there is no criminal history against any of the petitioners on both the cases. Learned Additional Public Prosecutor for the State, after going through the case diary, though has opposed the prayer for grant of anticipatory bail made on behalf of the petitioners, but has fairly conceded that case of theft with respect to seized vehicle in question was not registered and there is no mention of pendency of any criminal case against these petitioners. In the aforesaid background, in the event of their arrest/surrender within a period of four weeks from today, the petitioners, namely, Baidyanath Sah, Ranjit Sah @ Ranjit Kumar Sah, Sanjay Sah @ Sanjay Kumar Sah and Md. Rashid @ Md. Rasid Hussain @ Lalaji Mistry @ Lala, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua 3 P.S. Case No. 295/2009, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)