IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39905 of 2009 1. SHANKER SAH , SON OF JAMUNA SAH, RESIDENT OF VILLAGE-KATEYA, P.S. BIHIYA, DISTRICT- BHOJPUR 2. MANAK SAH, SON OF DUDHNATH SAH, RESIDENT OF VILLAGE-MASAR, P.S. UDWANTNAGAR, DISTRICT- BHOJPUR --------- PETITIONERS Versus THE STATE OF BIHAR . ----------- For the petitioners : Mr. Makardhwaj Upadhaya, Advocate For the State : Mr. Ram Priyasharan Singh, A.P.P. ----------- 2 17-11-2009 A supplementary affidavit has been filed on behalf of the petitioners. Heard learned counsel for the petitioners and the State. Petitioners are accused in a case registered under Sections 379 and 411 of the Indian Penal Code. It is submitted on behalf of the petitioners that the persons of the locality had apprehended four persons including these petitioners while melting telephone wire and they disclosed that they had got the telephone wire from telephone connection somewhere else and they were melting it for sale. It is further submitted that the petitioners have not been arrested by the police and there is no recovery from the possession of the petitioner . The alleged wire has been produced by the informant and the local persons to the police. - 2 - Petitioners are stated to be in custody since 1.8.2009.They are stated to have clean antecedents. It is further submitted that two others have already been granted bail by this Court vide Annexure-3 to the supplementary affidavit. Under the facts and circumstances of the case, petitioners above named is directed to 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Bihiya P.S. Case No.130 of 2009 with condition that one of the bailors must be a family member or close relative of the petitioners who shall file affidavit before the concerned court furnishing complete genealogy to show his relationship with the petitioners. If, after release, the petitioners again involve themselves in cases of similar nature, then the court concerned would be at liberty to initiate proceeding for cancellation of their bail bonds. NKS/- ( Dr. Ravi Ranjan,J)