IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36878 of 2009 ALIM S/O LATE NENGRA SALIM VILL.- CHAREBUA, P.S.- PALASI, DISTT.- ARARIA Versus STATE OF BIHAR with Cr.Misc. No.40004 of 2009 SUNIL YADAV son of Ganga Yadav, resident of village Barhowa, P.S.Raniganj,Distt-Araria Versus STATE OF BIHAR . ----------- 3. 23.11.2009. Heard learned counsel for the petitioners of both the cases and learned counsel appearing on behalf of the State. The petitioners are accused in Sikty P.S.Case No.135 of 2007 for the offence punishable under sections 395 and 397 of the Indian Penal Code. Substance of allegation against the petitioners is of committing dacoity in the house of the informant. The names of both these petitioners have transpired by reason of confessional statement made by co-accused Bhim Mahto. Learned counsel for the petitioners submit that the allegation is not correct and that they have been implicated in this case merely on the statement made by the co-accused Bhim Mahto. They further jointly submit that 2 nothing has been recovered either from their personal possession or their residential houses and not even they have been put on test identification parade. They further submit that Bhim Mahto who had given their names, has been granted bail by this Court vide order dated 8.10.2009 passed in Cr.Misc.No.25948 of 2009. Learned counsels submit that the petitioners are also praying for the same and similar relief. Having regard to the facts and circumstances of the case as set forth, let petitioners Alim and Sunil Yadav be released upon each one of them individually furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Sikty P.S.Case No.135 of 2007, subject to conditions that one of the bailors would be their fathers and that the petitioners would be attending the court below on each and every date fixed and on failure on their part to attend the court below on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, the court below shall be at liberty to initiate proceedings for 3 cancellation of their bail bonds and for taking them into custody. ahk (Jyoti Saran,J.)