IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19484 of 2008 MD.FAROOUE & ANR Versus STATE OF BIHAR ----------- 3 21.07.2008 Heard. The FIR was lodged under Section 395 of the Indian Penal Code against seven unknown criminals. Learned counsel for the petitioners submits that the petitioners are in custody since 22.10.2007. Further submission is that petitioner’s complicity is alleged on the ground that one Vijay Kumar Shrivastava produced one looted mobile phone saying that it was given to him by petitioner Md. Ubaid alias Kalia. It is also submitted that in para 14 of Case Diary some witnesses have stated that in the night preceding occurrence, 5 to 6 persons including the petitioner were seen going away towards the place of occurrence/village. Learned counsel continued to submit that the petitioners have not been put on TIP nor there is any recovery of incriminating materials from the possession of the petitioners. Mr. Ramchandra Singh learned Additional Public Prosecutor does not point out any other material against them. In the facts and circumstances of the case, the petitioners Md. Farooque and Md. Ubaid alias Kalia are admitted to bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Mithanpura P.S. Case No. 119 of 2004. Kundan (C. M. Prasad, J.) 2