IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48658 of 2008 1. Sunil Kumar Kushwaha 2. Deepak Kumar 3. Prabhu Kumar Pandey Versus 1. State Of Bihar ----------- For the Petitioners: Mr. Amish Kumar, Advocate. For the State : Mr. Upendra Kumar,APP. 02 18.12.2008 Heard. The three petitioners are jointly seeking bail in a case instituted under Section 414 of the Indian Penal Code. From the First Information Report it appears the police in course of regular checking on the highway noticed a jeep. As per allegation in the First Information Report these three petitioners were seeing moving close to said jeep. Learned counsel for the petitioners submits that from the averments made in the F.I.R. it cannot be said that the petitioners were in fact found in possession of the said jeep. It has further been highlighted that the said jeep has been released in favour of one Arvind Chaubey under orders of the Sub Divisional Judicial Magistrate, Vikramganj. Reliance in this regard has been placed available at annexure-2 of this application. Referring to the statements made in paragraph no.11 learned counsel for the petitioners submits that the aforesaid owner of the vehicle Arvind Chaubey never lodged a case regarding theft of the vehicle. It has further been submitted that the petitioners on the basis of these allegations are languishing 2 in jail custody since 11.04.2008. Learned counsel for the petitioners submits that although the learned Sessions Judge has noted that there is criminal back ground of the petitioners but according to instruction the petitioners do not carry any criminal antecedent. In the facts and circumstances, let the petitioners, namely, Sunil Kumar Kushwaha, Deepak Kumar and Prabhu Kumar Pandey be released on bail on furnishing bail bonds of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Vikramganj ( Sasaram) in connection with Nasariganj (Rajpur) P.S. Case No. 46/2008, subject to the condition that in each of the case one of the bailors should be the own/close family member of the petitioners. Sym ( Kishore K. Mandal, J.)