IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10791 of 2010 SUKILAL YADAV Versus STATE OF BIHAR with Cr.Misc. No.18470 of 2010 JHABBAR MARIK @ OM PRAKASH MARIK @ JABBAR YADAV Versus STATE OF BIHAR ----------- 3 2.7.2010 As both these cases arise out of the same P.S. case, they have been heard together and are being disposed of by this common order. The petitioners are accused in a case under section 395 of the Penal Code. It is alleged by the informant that about dozen accused persons including these petitioners at the point of pistol untied his cattle and roped them away. It is further alleged that the accused persons had also taken away four cattle of Md. Nayeemuddin and a motor cycle of husband of Rukhsana Khatoon. Counsel for the petitioner submits that apart from the informant, no one has identified these petitioners. Further, one Md. Nayeemuddin from whose premises cattles was untied has also not named these petitioners. In course of investigation, the Investigating Officer found that the informant also appears to be an accused. Counsel for the State submits that the petitioners are named in the F.I.R. and petitioner Jhabbar Marik has criminal 2 KHAN antecedent. However, this fact has been controverted by the petitioner stating therein that all these cases are prior to the year 2006. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner Jhabbar Marik @ Om Prakash Marik @ Jabbar Yadav (Cr.Misc.No.18470 of 2010). His prayer for bail is rejected. However, he may renew his prayer for bail after three months. So far as petitioner Subilal Yadav is concerned, he is directed to be released on bail in connection with Chhatapur P.S. Case No.155 of 2009 on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul. (S.P.Singh,J)