IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21313 of 2011 1.Abdul Hassan Ansari, Son of Tajmul 2.Nasru, Son of Kajmul. Both are resident of Village Lakhman Bigha, P.S. Kutumba, District Aurangabad (Bihar). 3.Arsad, Son of Aksir Ansari @ Akshirallah, resident of Village Kantari, P.S. Deo, District Aurangabad (Bihar). -------Petitioners Versus The State Of Bihar -----Opposite Party ---------------- 03/- 28/09/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioners apprehending their arrest in connection with a case registered for the offence punishable under Section 379 of the Indian Penal Code. In this case, instituted against unknown relating to theft of motorcycle, petitioner’s name emerged during investigation in the confessional statements of the apprehended accused persons leading to recovery of the stolen motorcycle with assertion that petitioners are also the members of their gang. Submission is that they have no concern with the same nor have any criminal antecedents. The investigation is still going on. Considering the facts and circumstances of the case, if the above submission found true that petitioners have no criminal antecedents, till conclusion of the investigation/submission of charge-sheet, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad (T) P.S. Case No. 409 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till conclusion of the investigation/submission of the charge-sheet and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)