IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6796 of 2011 1. BINOD KUMAR THAKUR @ BINOD KUMAR S/O LATE MAHADEO THAKUR R/O. VILLAGE- DHARAMPUR JHAPHAN, P.S. AHIYAPUR DISTRICT- MUZAFFARPUR. 2. BIJAY KUMAR SAH@ BIJAY KUMAR S/O SRI RAM SAH R/O, MOHALLA-MEDICAL COLLEGE, BIDHANPURA P.S. AHIYAPUR DISTRICT- MUZAFFARPUR. 3. MD. ASALAM S/O MD. HAFIZ R/O, MOHALLA- GOBARSAHI MAJHOLIA, P.S.- SADAR ALL DISTRICT- MUZAFFARPUR …..PETITIONERS Versus THE STATE OF BIHAR . …..OPPOSITE PARTY. ----------- WITH Cr. Misc. No. 10051 of 2011 1. RAJ KUMAR PASWAN SON OF SRI CHANDESHWAR PASWAN RESIDENT OF VILLAGE-JHAPHA, P.S. AHIYAPUR, DISTRICT- MUZAFFARPUR. 2. NAGENDRA PASWAN S/O BASDEO PASWAN, R/O, MOHALL- MEDICAL COLLEGE, BHIKKHANPUR, P.S. AHIYAPUR, DISTRICT-MUZAFFARPUR. 3. MD. SUHAIL S/O MD. MANSUR R/O, MOHALLA- MEDICAL COLLEGE, BHIKHANPUR, P.S. AHIYAPUR, DISTRICT- MUZAFFARPUR P.S. SARAIYA, DISTRICT-MUZAFFARPUR. ….PETITIONERS Versus THE STATE OF BIHAR …….OPPOSITE PARTY. ----------- 2. 25.03.2011 Heard learned counsel for the petitioners and the State. Three petitioners are in custody since 25.12.2010 in relation to Runnisaidpur P.S. Case No. 433 of 2010 instituted under Section 379/34 of the Indian Penal Code. The informant alleges that he along with family members were traveling in a private taxi. He was asked to put his bag on career on the top of the taxi. In the way, on suspicion informant checked his bag which was found open and missing cash along with ornaments. On alarm, these petitioners started fleeing along with others. Learned counsel for the petitioners 2 submits that no incriminating article has been recovered from the possession of the petitionerd neither they were apprehended on the spot nor seized rupees are belonged to the petitioners. The first application being Cr. Misc. No. 6796 of 2011 is on behalf of the three petitioners, who have been arrested and second application being Cr. Misc. No. 10051 of 2011 is in relation of the three persons who were later arrested on the same day and from whom only money was recovered. It is submitted that the money were carrying for purchase the bullock. It is further submitted that if they were immediately arrested since thereafter then there are other articles which were missing should be recovered from them. Be that as it may, the petitioners, above named are directed to be released 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 learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 433 of 2010. Devendra/ (Navaniti Prasad Singh, J.)