IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32235 of 2009 MOHAMMAD NISAR,Son of Himmat Ali, resident of Village-Ufraul, Post Office-Chakmaruf, Via-Goraul, Police Station-Belser, district-Vaishali. At present residing at House of Laxman Pahalwan, Mohalla-Dujra, Police Station-Buddha Colony, District-Patna. Versus STATE OF BIHAR With Cr.Misc. No.32216 of 2009 MOHAMMAD RIZWAN, Son of Moula Hussain, resident of Village-Parmanandpur, Tola-Piyarma, Police Station-Lalganj, district-Vaishali. At present residing in the house of Siyaram Babu, Mohalla- Buddha Colony, Police Station-Buddha Colony, district-Patna. Versus STATE OF BIHAR ----------- 2 11/9/2009 Heard counsel for the petitioners and counsel for the State. Considering the fact that not only co-accused Md. Rabbani having identical allegation as that of the petitioners has been directed to be released on bail by order dated 27.8.2009 in Cr. Misc. No. 27107 of 2009 but also during investigation by the police of the offence alleged to be gang rape, no tangible evidence could be found by the police so as to substantiate the allegation of the Informant and that after the police had submitted final form cognizance against the petitioners has been taken on protest petition, this Court, by also taking into account that the petitioners have no criminal antecedents and remained in custody since 22.3.2009, directs for release of the petitioners, namely, Mohammad Nisar ( petitioner in Cr. Misc. No.32235/2009) and Md. Rizwan (petitioner in Cr. Misc. No.32216/2009), on bail on 2 furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in Budha Colony P.S. Case No.57 of 2009, subject to the condition that the petitioners shall appear in the trial of the complaint case lodged against the them regularly without fail subject to any compelling reasons. Abhay Kumar (Mihir Kumar Jha, J.)