IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1623 of 2011 MAHESH MAHTO . Versus THE STATE OF BIHAR . with Cr.Misc. No.2884 of 2011 RANJEET LAL . Versus THE STATE OF BIHAR . with Cr.Misc. No.3955 of 2011 UPENDRA KUMAR . Versus THE STATE OF BIHAR . with Cr.Misc. No.4006 of 2011 BITTU @ GAURAV NISHANT . Versus THE STATE OF BIHAR . with Cr.Misc. No.4078 of 2011 YOGENDRA PRASAD . Versus THE STATE OF BIHAR . ----------- 03 26.03.2011 It is pointed out by learned counsel appearing for the petitioner in Cr. Misc. No. 3955 of 2011 that in prayer portion of his application in place of Additional Chief Judicial Magistrate, Patna City, it has wrongly been typed as Chief Judicial Magistrate, Patna. Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of his application within course of the day. All the above stated petitions are taken enbloc as the above stated petitions have arisen out of Agamkuan P.S. Case No. 195 of 2010, initially, registered under Section 394 of the Indian Penal Code and subsequently, Sections 395, 397 and 412 of the Indian Penal Code were also added and accordingly, all the above stated petitions are being disposed of by this common order. Supplementary affidavit is filed on behalf of the petitioner in Cr. Misc. No. 1623 of 2011. Heard all the learned respective counsels appearing in the above stated petitions as well as learned Additional Public Prosecutor for the State. Admittedly, petitioners are not named in the first information report nor they have been put on Test Identification Parade. It is stated that except petitioner in Cr. Misc. No. 3955 of 2011, some looted cash have been recovered from possession of all the petitioners. It is evident from perusal of the impugned order as well as submissions of the parties that except petitioners in Cr. Misc. No. 3955 of 2011 and 4006 of 2011, sons of rest petitioners have been made accused in this case. It also appears from submissions of the parties that name of petitioner in Cr. Misc. No. 4006 of 2011 transpired in this case on the basis of information supplied by spy of the police and subsequently, the above stated petitioner made his confessional statement disclosing the names of his associates and, thereafter, raid was made on the houses of accused persons of this case. Although, some looted cash has been recovered from the house of petitioner in Cr. Misc. No. 1623 of 2011 but even if, the confessional statement of co-accused, namely, Bittu @ Gaurav Nishant is taken, then also, the petitioner in Cr. Misc. No. 1623 of 2011 has not taken active part in committing the alleged crime. So far as petitioner in Cr. Misc. No. 2884 of 2011 and petitioner in Cr. Misc. No. 4078 of 2011 are concerned, the case of above stated petitioners is same to the case of petitioner in Cr. Misc. No. 1623 of 2011. Although, petitioner in Cr. Misc. No. 3955 of 2011 is said to be associate of petitioner in Cr. Misc. No. 4006 of 2011 but it appears that except the confessional statement of co- accused, there is nothing against him. Admittedly, nothing has been recovered from his conscious possession. Petitioner in Cr. Misc. No. 4006 of 2011 has made his confessional statement and on the basis of his confessional statement, some looted cash said to have been recovered from his conscious possession but there is nothing on the record to show this fact that the seized cash was looted property except this fact that the seized notes were signed by injured of this case. It is hard to believe that all the looted cash were signed by the above stated injured of this case. Taking into consideration the above stated facts and circumstances of the case as well as submissions of the parties, let the above named 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 Additional Chief Judicial Magistrate, Patna City in connection with above stated Agamkuan P.S. Case No. 195 of 2010. Shahzad ( Hemant Kumar Srivastava, J.)