IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22684 of 2009 PAPPU SAHNI @ PAPPU KUMAR SAHNI Versus STATE OF BIHAR With Cr.Misc. No.19695 of 2009 DINESH SAHNI Versus THE STATE OF BIHAR ----------- 2 25.07.2009 Heard both sides. Both the matters arise out of Samastipur ( Mufassil) P.S. Case no. 676 of 2008 registered under Section 395 of the Penal Code, and as such, they have been heard together. The present order shall govern both the cases. F.I.R. relating to house dacoity has been lodged against 15 unknown accused persons. The informant, however, has claimed that he could identify some of them. The material against petitioner Pappu Sahni @ Pappu Kumar Sahni ( in Cr. 22684/09) is/are the confessional statement of co-accused Binod Sahni as also his own inculpatory statement made before the police. It is contended that he is resident of the nearby tolla and that he is aged about 17-18 years, whereas, the informant is emphatic in the F.I.R. that accused persons were between age group of 28 to 35 years. It is further contended that he does not carry any criminal antecedent. It appears that he is in custody since 07.12.2008. So far as petitioner Dinesh Sahni (In Cr. Misc. 19695/09) is concerned, it is submitted that his name surfaced 2 through the confessional statement of co-accused Pappu Sahni @ Pappu Kumar Sahni and also that of Manoj Sahni. Learned counsel for the petitioner submits that there is no criminal antecedent against him. It is further highlighted that he is in custody since 07.03.2009. Having regard to the submissions and the materials available on record, this court is inclined to extend the privilege of bail to both the petitioners. Petitioners above named, in both the cases 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 to the satisfaction of the Chief Judicial Magistrate, Samastipur in connection with Samastipur (Mufassil) P.S.Case no. 676/2008, subject to the following conditions: (i) In each of the case one of the bailors should be the own/close family member of the petitioners. (ii) Both the petitioners shall appear before the officer-in-charge of Samastipur (Mufassil) P.S. Dist. Samastipur or any officer-in-charge of the said police station once in a month (preferably on Saturday or Sunday) for a period of five months from the date of their release. In case 3 of default in such appearance before the officer-in-charge, the same shall be promptly reported to the trial court/ court in seisin of the case whereafter it shall be open to the trial court to cancel the bail bond of the petitioners and secure their arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)