IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42366 of 2009 MD. MAHTAB @ AASHU SON OF MD. MUNNA @ KALMUDIN, RESIDENT OF MOHALLA PURANIBAZARL, CHHOTIDARGAH, POLICE STATION AND DISTRICT LAKHISARAI… ..PETITIONER Versus THE STATE OF BIHAR ….. OPPOSITE PARTY with Cr.Misc. No.43629 of 2009 GUDDU PATEL @ SHANIRAJ PATEL S/O LATE RAMCHANDRA PATEL R/O MOH NAYA TOLA, INFRONT OF K.S.S.COLLEGE, LAKHISARAI, P.S.&DISTT-LAKHISARAI …. PETITIONER Versus THE STATE OF BIHAR….. OPPOSITE PARTY For the Petitioners: M/s Ambika Bhagat, K.K. Sinha, (In both Cases) Rakesh Kumar, Advocates For the State: Mr. R.P.S. Singh, A.P.P. (In both Cases) ….. 3 16.12.2009 Learned counsel for the petitioners have filed supplementary affidavits on behalf of the respective petitioners. Let the same be kept on record. Both the bail applications emanate out of G.R.P. Jamalpur Police Station Case No. 12/09, thus, they have been heard together and are being disposed of by this common order. Heard learned counsel for the petitioner and the State. - 2 - The petitioners seek bail in a case registered under sections 399, 402 and 414 of the Indian Penal Code. It is submitted on behalf of the petitioners that they have been falsely implicated on the basis of the alleged confessional statement made by them before the police. It is stated that there is nothing to show on record that there was assemblage of the accused persons including the petitioners for the purposes of committing train dacoity. So far the recovery of the firearms is concerned, a separate case bearing G.R.P. Jamalpur P.S. Case No. 13/2009 has been instituted for the alleged recovery of the pistol and cartridge from the possession of the petitioner Guddu Patel alias Shaniraj Patel and one cartridge from the possession of the petitioner Md. Mahtab @ Aashu. So far the mobile phones are concerned, the petitioners claim that the same belonged to them. It is further submitted that the petitioners have been remanded subsequently in 3-4 cases after their arrest in this case. However, in none of the cases, they are named in the first information report. The petitioners are stated to be in jail custody since 09.04.2009. Having regard to the facts and circumstances of the - 3 - case, I direct the abovenamed petitioners, Md. Mahtab @ Aashu and Guddu Patel @ Shaniraj Patel, 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 Additional District Judge, Lakhisarai S.C. No. 480/09 arising out of G.R.P. Jamalpur Police Station Case No. 12/09 with further condition that one of the bailors must be close relative or family member of the respective petitioners, who shall state on affidavit before the court concerned, giving complete genealogy, as to how they are related with the respective petitioners. Further, after their release, if the petitioners would indulge in similar kind of offences, the court concerned will be at liberty to initiate a proceeding for cancellation of their bail bonds. SC (Dr. Ravi Ranjan, J.)