IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45909 of 2008 PRIYAS KUMAR @ TINKU SON OF MOHAN PRASAD RESIDENT OF VILLAGE MADHURAPUR,P.S.PIPRA,DISTRICT EAST CHAMPARAN,MOTIHARI Versus STATE OF BIHAR With Cr.Misc. No.9028 of 2009 AWADH KISHORE MAHTO @ KISHORE MAHTO @ KISHORE CHAUHAN SON OF ARJUN MAHTO RESIDENT OF VILLAGE BASPUR,P.S.SAHODARA,DISTRICT WEST CHAMPARAN,BETTIAH Versus STATE OF BIHAR ----------- 3/ 4.3.2009 Since both the above applications arise out of one and the same police case, they have been heard together and are being disposed of by this common order. The petitioners are accused in a case which has been registered for offences under Section 387 of the Indian Penal Code and 3/4 of the Explosive Substances Act. Called for report in Cr.Misc.No. 45909 of 2008 regarding criminal antecedent of the petitioner of the said case from Superintendent of Police, Motihari has been received from which it appears that this is the first case registered against the petitioner. Submission is that petitioner Priyas Kumar alias Tinku was arrested on 12.5.2008 and there was recovery of certain articles from his possession which were iron pipe etc. and they cannot link the petitioner with the offence alleged. On behalf of another accused namely, Awadh Kishore Mahto alias Kishore Mahto alias Kishore Chauhan it has been submitted that except confessional statement of co-accused, there is nothing against him and he is a man of 60 years. He is in jail custody since 1.10.2008. Further submission is that similarly situated co-accused Dhiraj Kumar has been granted bail by a Bench of this Court Vide Cr.Misc.No.35928 of 2008 on 6.1.2009. Considering the facts and circumstances of the case, let the above named petitioners of both the applications be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in Pipra P.S.Case No. 50 of 2008. Tahir/- ( Shyam Kishore Sharma, J.)