IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26555 of 2010 1. MADAN SAH 2. ABHAY SAH @ ABHAY KUMAR Versus STATE OF BIHAR ----------- 02/ 05.08.2010 Heard learned counsel appearing on behalf of the petitioners and the State. The petitioners are in custody in connection with Yogapatti P.S. Case No. 202 of 2010 for offence punishable under Sections 431, 427, 379/34 of the Indian Penal Code. The substance of allegation against the petitioners is of committing theft of about fifty trailors soil and of filling the same in their agricultural fields. Learned counsel for the petitioners submits that except Section 379 of the Indian Penal Code, the other Sections are bailable and that in absence of specific details as to the theft and substantiation thereof, no offence under Section 379 is made out against the petitioners. He submits that the agricultural fields of the petitioners are situated adjacent to a river and the allegations have been set out from mere suspicion. Having regard to the circumstances and the submissions of learned counsel, let the petitioners, namely, Madan Sah and Abhay Sah @ Abhay Kumar be released on bail upon each one of them individually 2 furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti P.S. Case No. 202 of 2010. S.Sb/- (Jyoti Saran, J.)