IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36858 of 2009 1. RAJA DAS 2. MANOJ DAS Versus STATE OF BIHAR ----------- 02 15.10.2009 Petitioners have approached this Court seeking regular bail in a case instituted under Sections 392 and 411 of the Penal Code. As per allegation in the F.I.R., at the instance of petitioner no.1, the informant stopped the motorcycle. Whereafter two other accused persons including petitioner no.2 emerged from the nearby place and committed loot of a sum of Rs. 1,000/- at gun point. The motorcycle of the informant was thereafter also looted away. It appears that the motorcycle was subsequently recovered from the possession of petitioner no.2. Learned counsel for the petitioner submits that the petitioner no.1, namely, Raja Das may be released on bail as there is no allegation of having committed loot at gun point. It is next contended that he is in custody since 29.09.2007. In the facts and circumstances of the case, petitioner no.1, namely, Raja Das is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Jamui in connection with Simultalla P.S.Case no. 43 of 2007, subject to the condition that one of the bailors should be the own/close family member of the petitioner. 2 So far as petitioner no.2, namely, Manoj Das is concerned, this Court finds that there is specific allegation against him of having committed robbery at gun point coupled with the facts that the motorcycle was recovered from his possession. This Court, for the present, is not inclined to admit the petitioner no.2 to bail. His prayer for bail is, accordingly, rejected. However, looking to the fact that he is also in custody since 29.09.2007, this Court grants him liberty to approach this Court afresh if the trial itself is not completed within seven months from the date of receipt/communication of a copy of this order in the Court below. Sym/ (Kishore K. Mandal, J.)