IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1334 of 2011 MD. ASIF @ BABA Versus THE STATE OF BIHAR with Cr.Misc. No.3227 of 2011 MD. RIZWAN @ RIZWAN Versus THE STATE OF BIHAR ----------- 3 20.04.2011 Heard learned counsel for the petitioners as well as learned counsel for the state. Both the above-said Cr. Misc. Cases arise out of the same case i.e. Bahadurganj P.S. Case No. 73 of 2010 initially registered under section-392 of the IPC but subsequently, sections-395 and 412 of the of the Indian Penal Code were added and accordingly, the above-said Cr. Misc. Cases are being heard and disposed of by this common order. It appears from perusal of the impugned order that in course of investigation, the name of these petitioners surfaced in this case and, subsequently, they were arrested and some looted articles were recovered from their possession. The above-said recovered articles were put on TIP and the same was identified by the informant in Test Identification Parade. The contention of learned counsels appearing in both the above-said petitions, is that having similar allegation, one co-accused, namely, Md. Rehan has already been granted privilege of bail by another bench of this court vide order dated 11.01.2011 passed in Cr, Misc. No. 880 of 2011. Although learned Addl. Public Prosecutor opposes the 2 prayer for bail but taking into consideration the above-said submission of learned counsels of the petitioners as well as this aspect of the matter that petitioners also do not have any criminal antecedent except the present case, the petitioners, namely, Md. Asif @ Baba (in Cr.Misc. No.1334 of 2011) and Md. Rizwan @ Rizwan (Cr. Misc. No. 3227 of 2011) are directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Bahadurganj P.S. Case No. 73 of 2010 to the satisfaction of Chief Judicial Magistrate, Kishanganj. AKV/- (Hemant Kumar Srivastava,J.)