IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2590 of 2010 GOPAL MISHRA,s/o Jay Ram Mishra,resident of village-Bharamarpur,P.S.-Bihpur, Naughya, District-Bhagalpur. Versus THE STATE OF BIHAR with Cr.Misc. No.8526 of 2010 GAGAN JHA @ GAGAN KUMAR JHA,son of Sri Bhagwan Jha,resident of village-Parjuar Pichchiyari Tola of Police Station-Arer, District-Madhubani. Versus THE STATE OF BIHAR ----------- For the Petitioners : M/s Vishwanath Pd. Sinha(Sr.Advocate), and Rajesh Kumar & Narendra Kr.Mishra, Advocates. For the State : Mr.Ram Priya Sharan Singh, A.P.P. 02/ 26-03-2010 Heard learned counsel for the parties. Petitioners in both the cases apprehend their arrest in connection with Barauni (Zero Mile) P.S.Case No.411/2005, registered under Sections 406, 420, 120B of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that admittedly wheat in question was loaded on a truck which was being driven by co-accused Amol Kumar Jha and he was asked to take the wheat to Jhumaritilaiya (kodarma) but instead of taking the wheat in question to the prescribed destination, it was allegedly sold by the aforesaid driver Amol Kumar Jha, who was subsequently apprehended by the local people at Barauni and, thereafter, he is alleged to have made confession disclosing the name of the petitioners also. It is also submitted that even according to the prosecution case only material 2 against the petitioners is that they have been named by co-accused and admittedly the wheat in question was not entrusted to them. Therefore, offence under Section 406 of the Penal Code is not at all applicable. Learned counsel for the State though opposed the prayer for anticipatory bail but he has not disputed the aforesaid position. In that view of the matter, both the applications are allowed. In the event of arrest/surrender within a period of four weeks from today in Barauni (Zero Mile) P.S.Case No.411/2005, the above named petitioners in both the cases shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)