IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16929 of 2010 RAVI KUMAR Versus STATE OF BIHAR with Cr.Misc. No.10604 of 2010 GUDDU KHATIK Versus STATE OF BIHAR ----------- 03 23.06.2010 Both the matters arise out of the same P.S. case being Son Nagar ( Rail ) P.S. Case no. 20 of 2008, registered under Sections 395, 397 and 412 of the Penal Code, and as such they are being disposed of by a common order. Annexure-1 to the present bail application(s) is the order passed on their respective bail application(s) by this Court on 05.08.2009. It would appear therefrom that from the possession of petitioner Ravi Kumar (Cr. Misc. No. 16929 of 2010) one mobile phone was allegedly recovered. So far as petitioner Guddu Khatik ( Cr. Misc. No. 10604 of 2010) is concerned, it appears that three mobile phones and few cash amount were recovered. It is contended on behalf of the petitioner Guddu Khatik that on production of papers one of the mobile phones was released in favour of the petitioner. While rejecting their bail application this Court had granted them liberty to renew their prayer for bail after seven months, if in the meanwhile, the trial of the case is not taken up in court below. By order dated 07.04.2010, passed in Cr. Misc. 2 No. 10604 of 2010, a status report was called for which has been sent to and received in this Court and placed at Flag-‘B’. It appears therefrom that the case has recently on 27.02.2009 been committed to the Court of Sessions. Learned counsels for the petitioner is therefore right in their submissions that there is no likelihood of the trial to be taken up in immediate near future. Petitioner Guddu Khatik is in custody since 24.12.2008, whereas petitioner Ravi Kumar is in custody since 06.04.2009. In the facts and circumstances of the case, this Court is inclined to grant the petitioners of both the cases the privilege of bail. Let petitioners, namely, Ravi Kumar (Cr. Misc. No. 16929 of 2010) and Guddu Khatik ( Cr. Misc. No. 10604 of 2010) 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 the Ist Additional Sessions Judge, Aurangabad/ Railway Judicial Magistrate, Gaya in connection with Sessions Trial No. 217 of 2009/ 19 of 2009 arising out of Son Nagar (Rail) P.S. Case no. 20 of 2008, subject to the following two conditions:- (i) One of the bailors should be the own/close family member of the petitioners in each case. (ii) The petitioners of both the cases shall appear in person before the Court below on each date fixed at the trial. In case of default in such appearance on two consecutive dates the court below shall have liberty 3 to cancel the bail bond(s) of the petitioners and secure their arrest in accordance with law. Sym ( Kishore K. Mandal, J.)