IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42050 of 2011 Uday Kumar @ Mritunjay Kumar, S/O-Sri Rameshwar Ram Versus The State Of Bihar ---------------------------------- with Criminal Miscellaneous No.37724 of 2011 Chandeshwar Singh @ Bhola Mistri, S/O-Late Parsuram Singh Versus The State Of Bihar ---------------------------------- 02 23.12.2011 Both the above stated petitions arise out of Chandi P.S. Case No. 53 of 2011 registered under Section 392 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are not named in the first information report but in course of investigation, petitioner in Cr. Misc. No. 42050 of 2011 was arrested while allegedly, he along with others had assembled to make preparation for committing dacoity and it is stated that stolen mobile of the present case was recovered from his conscious possession. So far as petitioner in Cr. Misc. No. 37724 of 2011 is concerned, allegedly, stolen trailer was recovered from the garage of the petitioner. Learned counsel appearing in Cr. Misc. No. 42050 of 2011 drew my attention towards the confessional statements of co- accused Shabuddin and Rakesh Kumar Singh and submitted that the aforesaid co-accused persons while confessing their guilt clearly 2 stated that one Ajay Singh had participated in committing the alleged crime and the aforesaid Ajay Singh had given mobile set to the petitioner in Cr. Misc. No. 42050 of 2011. Learned counsel appearing in Cr. Misc. No. 37724 of 2011 submits that no doubt, stolen trailer was recovered near the garage of the petitioner but, as a matter of fact, someone had parked the aforesaid trailer in front of garage of the petitioner and petitioner was not aware about this fact that the above stated trailer was stolen property. Para-54 of the case diary reveals that numbers on the number plate of the trailer was erased by the persons who committed theft of the aforesaid trailer and, thereafter, Para-59 of the case diary reveals that aforesaid trailer was sold to the petitioner in Cr. Misc. No. 37724 of 2011 but there is nothing on the entire case diary to show this fact that petitioner had knowledge to this fact that the aforesaid trailer was of stolen property. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners 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 Chief Judicial Magistrate, Bhojpur, Ara in connection with Chandi P.S. Case No. 53 of 2011. SHAHZAD ( Hemant Kumar Srivastava, J.)