IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12430 of 2011 PANKAJ KUMAR Versus THE STATE OF BIHAR with Cr.Misc. No.14787 of 2011 MUKESH KUMAR SINGH Versus THE STATE OF BIHAR ----------- 2 29.04.2011 Both the above-said Cr. Misc. Cases arise out of the same case i.e. Gaurichak P.S. Case No. 134 of 2010 registered under sections-302, 201/34,120B of the Indian Penal Code and accordingly, they are being disposed of by this common order. Petitioner in Cr. Misc. No.12430 of 2011 is not named in the FIR and it appears from perusal of the impugned order as well as submission of the parties that the name of the petitioner came in this case in confessional statement of co-accused, Ankit Kumar. The aforesaid Ankit Kumar has been made accused in this case on the basis that one mobile set was recovered from the vehicle of the deceased. Two sims were being used in the seized mobile; one sim stood in the name of Shekhar Kumar who happens to be brother of co-accused, Ankit Kumar and second sim stood in the name of petitioner in Cr. Misc. No. 12430 of 2011. Petitioner in Cr. Misc. No. 14787 of 2011 is named in the FIR on the basis that prior to the alleged 2 occurrence, the petitioner was sitting in the office of the deceased alongwith some other co-accused persons and except the aforesaid material, there is nothing against the petitioner in Cr. Misc. No. 14787 of 2011. The contention of learned counsel appearing in Cr. Misc. No. 12430 of 2011 is that except the so-called confessional statement of co-accused, Ankit Kumar, there is nothing against the petitioner because the Ankit Kumar has confessed that he participated in the alleged crime, so it would be presumed that the seized mobile was in possession of the aforesaid co-accused, Ankit Kumar at the time of alleged occurrence. Learned counsel appearing in Cr. Misc. No. 14787 of 2011 submits that having similar allegation, co- accused, Mukesh Singh, son of Amerika Singh has already been granted bail by this court vide order dated 05.04.2011 passed in Cr. Misc. No. 10617 of 20111. Although learned counsel appearing for the informant opposed the prayer of the petitioners but considering the above-said facts and circumstances as well as submission of the parties, let the petitioners, namely, Pankaj Kumar (in Cr. Misc. no. 12430 of 2011) and Mukesh Kumar Singh, S/o Sri Anil Singh (in Cr. Misc. no. 14787 of 2011) be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with S.Tr. No. 594 of 2011 3 arising out of Gauri Chjak P.S. Case No. 134 of 2010 to the satisfaction of Addl. Sessions Judge-III, Patna City/concerned court. AKV/- ( Hemant Kumar Srivastava,J.)