IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43089 of 2009 BRIJESH MAHATO @ BRAJESH MAHATO @ BRAJEN MAHATO @ BRAJAN MAHATO, SON OF BALRAM MAHATO, RESIDENT OF VILLAGE-BAKHARI BAZAR, POLICE STATION- GOBARDHANA, DISTRICT- WEST CHAMPARAN..........................................PETITIONER. Versus THE STATE OF BIHAR......................................................OPPOSITE PARTY. with Cr.Misc. No.45820 of 2009 VINOD PRASAD,SON OF RAJESHWAR PRASAD, RESIDENT OF VILLAGE- DOMATH, P.S. SUBHADRA, DISTRICT- WEST CHAMPARAN. .....PETITIONER. Versus STATE OF BIHAR with Cr.Misc. No.43715 of 2009 1. BUDHESHWAR PRASAD, SON OF SURYADEO PRASAD, RESIDENT OF VILLAGE- DOMATH. 2. BIKRAM MAHTO, SON OF BHOLA MAHTO, RESIDENT OF VILLAGE- BALBAL, BOTH UNDER P.S. SAHODRA, DISTRICT- WEST CHAMPARAN........................................................................PETITIONERS. Versus THE STATE OF BIHAR................................................OPPOSITE PARTY. ----------- 3. 24.05.2010. All the aforesaid Criminal Miscellaneous matters arise out of the same First Information Report hence it is being disposed off by common order. The petitioners are languishing in jail in connection with a case registered under Sections 153(A), 297/34 of the I.P.C. and Section 19(a) of the Transplantation of Human Organs Act. It is submitted by the learned counsel for the petitioners that three skulls were recovered from an Orchard which is apparent from the seizure list. It is only alleged 2 that from the place of seizure seven persons were arrested including the petitioners. It is submitted by the learned counsel for the petitioners that the provisions of Transplantation of Human Organs Act are not applicable as it is not alleged that any organ of the human being has been removed for the purposes of any commercial transaction. Moreover the petitioners have absolutely clean antecedent and they are in custody since 01.09.2009. It is admitted by the learned counsel for the State by referring to seizure list that skulls were recovered from an orchard and not from personal possession of the petitioners. In view of the submission of the learned counsel for the petitioners for the purposes of bail only, let the petitioners, Brijesh Mahato @ Brajesh Mahato @ Brajen Mahato @ Brajan Mahato, Vinod Prasad and Budheshwar Prasad and Bikram Mahto 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 learned A.C.J.M., Bagaha, 3 West Champaran in connection with Ramnagar P.S. Case No. 212 of 2009. It is made clear that the petitioners shall participate in trial on regular basis and if they fail to appear for three consecutive dates then the trial court will be at liberty to consider for cancellation of the bail of the petitioners. U.K. (Dinesh Kumar Singh,J)