IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4825 of 2010 1. SURENDRA CHOUDHARY, 2. Reman Choudhary @ Raman Choudhary Both sons of Bhadai Choudhary, resident of Kataria, P.S. Agiaon Bazar, District Bhojpur ………… Petitioners Versus STATE OF BIHAR …. Opposite Party ----------- For the petitioners : Mrs. Indu Bala Roy, Advocate For the S t a t e : Mr. Uma Shankar Pd. Singh, A.P.P. ---- 2 05.03.2010 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioner are accused in a case registered under Section 414 of the Indian Penal Code . As per the allegation set up in the first information report, huge quantity of stolen material including the molten aluminium and copper wire had been recovered from the house of co-accused Jogari Choudhary, whereas the petitioners have been alleged to be associates of the aforesaid Jogari Choudhary. Learned counsel for the petitioner submitted that no incriminating material has been - 2 - recovered from the possession of the petitioners rather recovery is specific from the house of co- accused Jogari Choudhary. It is also submitted that antecedents of the petitioners are clean and, in fact, they have been implicated only on the basis of suspicion that they had been assisting the aforesaid co-accused Jogari Choudhary. In the facts and the circumstances of the case, the petitioners, SURENDRA CHOUDHARY and Reman Choudhary @ Raman Choudhary, are directed to be released on bail on his 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, Bhojpur at Ara in connection with Agiaon Bazar P.S. Case No. 68 of 2007, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. - 3 - If, after his release in this case, the petitioner is again found implicated in similar case, then the concerned court would be at liberty to take steps for cancellation of his bail bonds. Spd/ (Dr. Ravi Ranjan, J.)