IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43659 of 2009 SHIVJEE RAY, SON OF JAMADAR RAY, RESIDENT OF VILLAGE SARAI SAHO, POLICE STATION-DARIYAPUR, DISTRICT-SARAN (CHAPRA)……………………PETITIONER. Versus THE STATE OF BIHAR………………………OPPOSITE PARTY. With Cr.Misc. No.43760 of 2009 DEVENDRA RAI, SON OF TIWARI RAI, RESIDENT OF VILLAGE SARAI SAHO, POLICE STATION-DARIYAPUR, DISTRICT-SARAN (CHAPRA)………………………PETITIONER. Versus THE STATE OF BIHAR………………………..OPPOSITE PARTY. ----------- For the Petitioners : M/s. B.N. Mishra and S.N. Rai, Advocates (in both cases). For the State : Mr. Dinesh Singh, A.P.P. (in both cases). --------- 2. 11.12.2009. Both these applications arise out of the same P.S. case, thus, they have been heard together and are being disposed of by this common order. Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are accused in a case registered under Sections 302, 201/34 and 396 of the Indian Penal Code. 2 It has been submitted on behalf of the petitioners that allegedly the looted goods from the concerned truck have been recovered from the shop of the petitioner Shivjee Ray (the petitioner of Criminal Misc. No.43659 of 2009), however, it is submitted that for the same occurrence, two separate cases were also lodged under Section 414 of the Indian Penal Code in which the petitioners have already been granted bail vide Annexures-‘2’ and ‘2/1’ to this application. It has also been submitted that the co-accused Siya Shankar Rai , who was found in possession of the concerned truck has also been granted bail by a Bench of this Court vide Annexure-‘3’ to this application. The name of the petitioner, Devendra Rai (petitioner of Criminal Misc. No.43760 of 2009) has surfaced on account of confessional statement of aforesaid co-accused Siya Shankar Rai. It is stated that the co-accused Vijay Ram has also been granted bail by this Court vide order dated 17.11.2009 passed in Criminal Misc. No.39570 of 2009. Having regard to the facts and the circumstances of the case, the petitioner, Shivjee Ray (in Criminal Misc. No.43659 of 2009) and the petitioner, Devendra Rai (in Criminal Misc. No.43760 of 2009) are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten 3 Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Barun Police Station Case No.197 of 2008, with a further condition that one of the bailors of the petitioners must be the close relative or their family member, who will file affidavit before the court below giving full genealogy showing their relationship with the petitioners. Further, after their release, if the petitioners are again found to be involved in criminal case of similar nature, the court concerned will be at liberty to take steps for cancellation of their bail bonds. P.S. (Dr. Ravi Ranjan, J)