IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16560 of 2009 ARUN KUMAR Versus STATE OF BIHAR With Cr.Misc. No.24762 of 2009 RAVI KUMAR Versus THE STATE OF BIHAR With Cr.Misc. No.24914 of 2009 GUDDU KHATIK Versus STATE OF BIHAR ----------- 3. 05.08.2009 All the three matters arise out of the same occurrence, giving rise to Sone Nagar P.S.Case No.20/08 instituted u/ss 395 and 397 IPC. Subsequently, section 412 IPC was incorporated. The present order shall govern them. As per allegations in the FIR, few unknown miscreants/dacoits boarded a passenger train and thereafter started looting the passengers at gunpoint. Several passengers were looted of their belongings including cash and mobile phones. Mr. Verma appearing in support of Cr.Misc. No.16560 of 2009, submits that the name of the petitioner surfaced through the confessional statements of Guddu Khatik who is said to have named the petitioner along with few others including one Shanker Yadav. Referring to Annexure-4 to the supplementary affidavit, it is stated that uncle of aforesaid Guddu Khatik had lodged a criminal case in 2008 against few accused persons including the present petitioner and aforesaid Shanker Yadav. It is stated that - 2 - co-accused Shankar Yadav has been granted bail by this Court under order dated 4.5.2009 (Annexure-3 to the supplementary affidavit) noticing the fact that Guddu Khatik was on inimical terms. It is also submitted that he is in custody since 15.01.2009. So far as the petitioner Ravi Kumar(Cr.Misc.No.762 of 2009) and the petitioner Guddu Khatik (Cr.Misc.No.24914 of 2009) are concerned, it appears from the records that certain looted mobile phones were recovered from the possession of co-accused Ravi Kumar. So far as the petitioner Guddu Khatik is concerned, it appears that three looted mobiles and cash amount (part of the booty) was/were recovered. He also made a confessional statement. Learned counsels for the petitioners of the aforesaid two cases tried to explain before this Court that the looted mobiles belonged to some of their family members. Having considered the submissions advanced on behalf of the parties and after going through the records, this Court is inclined to admit the petitioner Arun Kumar(Cr.Misc.No.16560 of 2009) to bail. Let he be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Railway Magistrate, Gaya in connection with Sone Nagar P.S.Case No. 20/08 subject to the condition that one of the bailors shall be his own/close family member. So far as petitioners of Cr.Misc.Nos.24762 of 2009 and 24914 of 2009 are concerned, their prayers for bail stand rejected. - 3 - They, however, may renew their prayers for bail after seven months, if in the meanwhile, the trial of the case is not taken up in court below. hr ( Kishore K. Mandal )