IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21620 of 2009 PANKAJ KUMAR CHOUDHARY Versus THE STATE OF BIHAR With Cr.Misc. No.21660 of 2009 AMIT KUMAR MANDAL @ AMIT MANDAL Versus STATE OF BIHAR ----------- 2 09.07.2009 Heard learned counsels appearing in both the cases as also learned A.P.P. appearing on behalf of the State. Both the matters arise out of Kotwali (Adampur) P.S. Case No. 826/2008 registered under Sections 379 and 411 of the Penal Code, and as such, they have been heard together. The present order shall govern both the cases. It has been submitted that the name of these petitioners along with other accused transpired through the statement of a police spy. As per the spy, on the date of occurrence, the petitioners herein along with some others were seen at the tea stall which was close to the place from where the motorcycle was lifted. Both the counsels submit that only allegations against them are the alleged inculpatory statement made by them. It is contended that they are in custody since 24.12.2008 and they did not bear any criminal history/background. It is further submitted that co-accused Deepak Kumar Yadav who is also identically placed has been granted the privilege of bail by this court under order dated 2 22.05.2009 passed in Cr. Misc. No. 16847/2009. In the facts and circumstances of the case, petitioners above named, 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/ Judicial Magistrate Ist Class, Bhagalpur, in connection with Kotwali ( Adampur) P.S.Case No. 826/2008 (G.R.No. 4501/2008), subject to the condition that in each of the case one of the bailors shall be the own/close family member of the petitioners. Sym/ (Kishore K. Mandal, J.)