IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40293 of 2009 MD.TUNNA Versus THE STATE OF BIHAR with Cr.Misc. No.28029 of 2009 MD.JAHANGEER, PETITIONERS OF BOTH CASES ARE SONS OF SARAFAT ALI alias GAULU PASI RESIDENT OF VILLAGE JAMAPUR,P.S.BIHPUR,DISTT.BHAGALPUR Versus STATE OF BIHAR For the petitioners : Mr.Vivekanand Singh For the State : Mr.Addl.P.P. ----------- 3/ 8.2.2010 A supplementary affidavit has been filed on behalf of the petitioners. Keep it on the record. Both the above applications have been heard together and are being disposed of by this common order because they have arisen out of one occurrence. The petitioners apprehend their arrest in a case which has been registered for offences under Sections 461 and 379 of the Indian Penal Code. Certain articles of railway were found stolen and the allegation is that they were recovered from the joint shop possessed by the petitioners. Submission is that the recovered article from the petitioners’ shop was not stolen article. The petitioners are scrap dealers. They participate in auction of 2 railway articles. Some papers have been annexed to show that the petitioners have procured the railway articles on auction after participating in the bid. Be that as it may, the above named petitioners are directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on their so surrendering, they shall 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 learned Railway Judicial Magistrate, Khagaria in Bihpur Rail P.S.Case No. 6 of 2009 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)