IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21367 of 2009 1. Wakil Sahni, son of Nemo Sahni 2. Manoj Sahni, son of Biso Sahni Both residents of village Govindpur, P.S. Warisnagar, District- Samastipur ……. Petitioners Versus The State Of Bihar ……. Opp.Party ----------- 3. 27/10/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 395 of the Indian Penal Code. Petitioners are not named in the F.I.R. It is said that on confessional statement of one Ashok Turha, petitioners’ name transpired. It is said that some articles were recovered from the house of petitioners and seizure list is Annexure-2 series. After going through the F.I.R., it is apparent that some cash and ornaments were robbed from the house of the informant whereas from the seizure list it appears that household utensils and one piece of sari have been recovered from the houses of the petitioners. Apparently, seizure list does not match the list of articles which have been taken away from the house of the informant. It appears that while rejecting the bail application of the petitioners, learned Sessions Judge has not - 2 - noticed the discrepancy in the articles named in the F.I.R. and the articles recovered from the houses of the petitioners. Petitioners are in custody since 30.11.2008 and it is said that there was one criminal case against the petitioners in which they have been acquitted. Considering the above facts and circumstances, this application is allowed. Let both the petitioners be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in Hayaghat P.S.Case No.46 of 2004 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. Pradeep/ (J. N. Singh, J.)