IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11550 of 2010 RAJA SAHANI, SON OF MEDHU SAHNI, OF VILLAGE-SIRSA, P.S. MOTIHARI MUFFASIL, DISTRICT-EAST CHAMPARAN. …………………………………………………………PETITIONER. Versus THE STATE OF BIHAR…………………….OPPOSITE PARTY. ------------- For the Petitioner : Mr. Sangeet Deokuliar, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ----------- with Cr.Misc. No.13777 of 2010 MD.BASIR MIAN @ BASHIR MIAN, SON OF REYAZ MIAN @ RAJ MOHAMMAD MIAN, RESIDENT OF MOHALLA- JANPOOL (ARYA NAGAR), P.S. MOTIHARI TOWN, DISTRICT-EAST CHAMPARAN………………..PETITIONER. Versus THE STATE OF BIHAR………………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Shakil Ahmad Khan, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ----------- 2. 30.4.2010. Since both cases arise out of the same Motihari Town P.S. Case No.272 of 2009, they have been heard together and are being disposed of by this common order. Heard learned counsel for the petitioners and the 2 learned A.P.P. for the State. The petitioners seek bail in a case registered under Sections 379 and 461 of the Indian Penal Code. It has been submitted on behalf of the petitioners that they are neither named in the First Information Report nor any had incriminating articles been recovered from their possession. It has also been submitted that they have been named subsequently by some of the witnesses. So far as the petitioner, Md. Basir Mian @ Bashir Mian (in Criminal Misc. No.13777 of 2010) is concerned, it is submitted that he has been named by the petitioner, Raja Sahani (in Criminal Misc. No.11550 of 2010) in his confessional statement. The petitioner, Raja Sahani (in Criminal Misc. No.11550 of 2010) is in custody since 9.12.2009 whereas the petitioner, Md. Basir Mian alias Bashir Mian (in Criminal Misc. No.13777 of 2010), since 16.12.2009. Having regard to the facts and the circumstances of the case, the petitioners, namely, Raja Sahani (in Criminal Misc. No.11550 of 2010) and Md. Basir Mian alias Bashir Mian (in Criminal Misc. No.13777 of 2010) are directed to be released on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like 3 amount each to the satisfaction of the C.J.M., Motihari, East Champaran, in connection with Motihari Town P.S. Case No.272/09, with a further condition that one of the bailors in case of each of the petitioners must be the close relative or their family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioners. Further, after their release in this case, if the petitioners are again found to be involved in criminal cases of similar nature, the court concerned would be at liberty to take steps for cancellation of their bail bonds. Further, the petitioners shall remain present on each and every date during the course of the trial in the court below. If the petitioners fail to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of their bail bonds. P.S. (Dr. Ravi Ranjan, J)