IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40426 of 2010 RAM PRABESH SAHNI Versus THE STATE OF BIHAR with Cr.Misc. No.35968 of 2010 SHAMBHU SAHANI Versus STATE OF BIHAR 2 21.12.2010 Heard learned counsel for the petitioners as well as learned counsel for the state. Both the above noted cases arise out of the same case i.e. Hathauri P.S. Case No. 22 of 2010 registered under sections 395, 397 and 412 of the of the Indian Penal Code, and accordingly, the same are being heard and disposed of by this common order. Petitioners are not named in the FIR but from perusal of the impugned order, it appears that looted mobile and silver Kangan as well as Hathsang were recovered from possession of the petitioners. In course of hearing, learned counsel for the state fairly conceded this fact that the seized materials have not been put on TIP and there is nothing in the case diary to show this fact that the seized materials were looted property of this case except the confessional statement of the co-accused persons as well as seizure list. Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioners, namely, Ram Prabesh Sahani (in Cr. Misc. No. 40426 of 2010) and Shambhu - 2 - Sahani ( in Cr. Misc. No. 35968 of 2010) 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 in connection with Sessions Trial No. 431 of 2010 arising out of Hathauri P. S. Case No. 22 of 2010 to the satisfaction of Vth Additional Sessions Judge, Muzaffarpur. AKV/- (Hemant Kumar Srivastava,J.)