IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19280 of 2011 1. Md. Budhwa @ Bahid S/o Md. Jalaluddin. 2. Md. Mojim S/o Sk. Manir. Versus The State Of Bihar with Cr.Misc. No.20642 of 2011 Md. Izhar S/o late Safiruddin Versus The State Of Bihar ----------- 02 05.07.2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Both the above stated petitions arising out of Bhagalpur G.R.P.S. Case No. 52 of 2009 registered under sections 395, 397 and 412 of the Indian Penal Code and accordingly both the above stated petitions are being disposed off by this common order. Petitioners are accused in a case registered for rail dacaty and allegedly petitioners of Criminal Miscellaneous No. 19280 of 2011 were caught by the public just after the alleged dacaty and subsequently, police reached there and took them in custody. So far as petitioner in Criminal Miscellaneous No. 20642 of 2011 is concerned, neither he was caught at the spot nor his name came in the statements of co-accused persons who were 2 caught at the spot and admittedly nothing has been recovered from conscious possession of petitioner in Criminal Miscellaneous No. 20642 of 2011. In view of the aforesaid circumstances, I do not feel it proper to release the petitioners of Criminal Miscellaneous No. 19280 of 2011 on bail accordingly their prayer for bail in connection with Sessions Trial No. 491 of 2010 arising out of Bhagalpur G.R.P.S. No. 52 of 2009 stands rejected. So far as petitioner, above named, in Criminal Miscellaneous No. 20642 of 2011 is concerned, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional District & Sessions Judge, Bhagalpur, in connection with S.T. No. 943 (A) of 2010 arising out of Bhagalpur G.R.P.S. Case No. 52 of 2009. The trial of the petitioners in Criminal Miscellaneous No. 19280 of 2011 should expedite by the concerned Court. Safik (Hemant Kumar Srivastava,J.) 3