IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41514 of 2007 BISHWANATH RAM Versus THE STATE OF BIHAR with Cr.Misc. No.18548 of 2008 VISHWANATH MAHTO Versus THE STATE OF BIHAR ----------- 4 15/09/2008 Heard learned counsel for the petitioners and learned counsel for the State. Above noted applications arise out of one occurrence i.e. Baruraj P.S. Case No. 30 of 1996 as such they are being heard together and disposed of by this common order. The petitioners seek bail in a case registered under section 396 of the Indian Penal Code and sections ¾ of the Explosive Substance Act. A dacoity was committed and the FIR was registered against unknown. Submission is that in course of investigation two persons were apprehended by police. Investigation against the petitioners remained pending. The apprehended accused persons Kishundeo Sahani and Ramdeo Sahani have faced trial vide Sessions Trial No. 114 of 1997 and they have been acquitted vide judgment dated 15.12.1999 as no witness has supported any part of the occurrence or evidence. Further submission is that the petitioners are not named in the FIR and no looted articles have been recovered from their possession. - 2 - Considering the facts and circumstances of the case, the petitioner Biswanath Ram of Cr. Misc. No. 41514 of 2007 and the petitioner Vishwanath Mahto of Cr. Misc. No. 18548 of 2008 are directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., (West), Muzaffarpur in connection with Baruraj P.S. Case No. 30 of 1996. avin (Shyam Kishore Sharma, J.)