IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4653 of 2010 1. Gautam Kumar, S/o- Masudan Paswan @ Madhusudan Paswan. 2. Dinesh Kumar, S/o-Devendra Paswan. Both are resident of village-Nargonda, P.S.-Sahpur (Danapur), District-Patna. -Petitioners. VERSUS The State of Bihar -Opposite Party. ---------- 03 25.05.2010 The two petitioners who are cousin brother apprehend their arrest in Shahpur (Danapur) P.S. Case No.128 of 2008 instituted under Sections 457 & 380 of the Indian Penal Code. It is alleged that when the informant was sleeping, towards midnight she heard some noise in her hut, on waking up she found the two petitioners there and when she shouted they ran out. She later discovered that some of her ornaments and money were missing. Petitioners assert that they have been falsely implicated in this case, why it is not stated. They admit that they are co- villager. The case was instituted in the year 2008 where petitioners are named in the F.I.R. Chargesheet has already been submitted and cognizance taken. In those circumstances, I am not inclined to entertain this application. This application is dismissed. The petitioner may, however, surrender in the Court of A.C.J.M., Danapur within four weeks from today. The trial Court would dispose of the bail application on its own merits without being prejudiced by order of this Court on basis of materials available on record. Trivedi (Navaniti Prasad Singh, J.)