IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8425 of 2009 1. RUDAL DAS son of late Ram Babu Das. 2. Udai Das son of Sardar Das. Both residents of Mohalla-Locoshed Colony, Bakhtiarpur, P.S. Bakhtiarpur, District – Patna. ……………… Petitioners Versus STATE OF BIHAR ……………… Opposite party ----------- 04. 06.07.2009 Heard learned counsel for the petitioners and learned APP for the State. Petitioners are in custody since 30.9.2008 in connection with Bakhtiarpur P.S. Case no. 239 of 2008 for an offence under section 395 of the Indiana Penal Code. Allegation in the FIR is that some persons were trying to rob the informant and other co-villagers while they were returning to their village after shutting down their respective shops, near the railway bridge. While crime was being committed patrolling police reached the place and apprehended two persons namely, Bali Das and Babloo Das. It is alleged that name of these two petitioners were disclosed as people involved in the crime. It is stated by the learned counsel representing the petitioners that there is neither any recovery nor any TIP has been held and mere statement of a co-accused before the police cannot be made foundation to show complicity of the two petitioners. Even otherwise, petitioners have still to face trial. Keeping the above circumstances in mind let petitioners namely, Rudal Das and Udai Das be released on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Barh - 2 - (Patna) in Bakhtiarpur P S Case No. 239 of 2008 (G R Case No. 1151 of 2008), with a direction that they shall appear in the court below on each and every date fixed in course of trial. rkp (Ajay Kumar Tripathi, J)