IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16568 of 2011 Indal Kumar Mahto & Anr. Versus The State Of Bihar with Criminal Miscellaneous No.19803 of 2011 Md. Rizwan @ Riju Raja Versus The State Of Bihar --------- 04/ 09.09.2011 Both the above stated petitions arise out K. Asthan P.S. Case no.276/2010 registered under sections 302, 201 of the IPC and accordingly, both the above stated petitions are being disposed of this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are not named in the first information report and their names surfaced in this case in course of investigation. It would appear from submissions of the parties that except confessional statement, there is nothing against these petitioners though learned Sessions Judge has referred in the impugned order that looted rice has been recovered and in support of his assertion, he has referred para 289 of the case diary but the aforesaid para of the case diary reveals that some rice were recovered from the committee hall. Taking into consideration the above stated facts and circumstances as well as submissions of the parties and also keeping in mind that having similar allegation co-accused Sonu Miyan @ Aftab has already been granted privilege of bail by another bench of this court vide order dated 18.7.2011 passed in Cr. Misc. no. 21161 of 2011, let the petitioners, Indal Kumar Mahto, Bijay Kumar Singh @ - 2 - Birju Singh and Md Rizwan @ Riju Raja , be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in K. Asthan P.S. Case no. 276/2010 in respect of petitioners of Cr. Misc. no. 16568/2011 and to the satisfaction Addl. Sessions Judge, Benipur, Darbhanga in Sessions Trial no.155/2011 in respect of the petitioner of Cr. Misc. no. 19803/2011 . shahid (Hemant Kumar Srivastava,J)