IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20771 of 2009 MD.TABREJ Versus STATE OF BIHAR with Cr.Misc. No.21842 of 2009 DILIP KUMAR SAH Versus STATE OF BIHAR ----------- 3 29.07.2009 Heard both sides. Both matters arise out of same occurrence giving rise to Amour P.S. case no. 21 of 2009 instituted under Sections 395 and 397 of Indian Penal Code and are being disposed of by the present order. The case relates to commission of house dacoity. Informant claims to have identified two accused persons namely Vinod Biswas and Pandav Karmar. Allegation is that they along with 20-22 other unknown persons entered into the house in the night and committed dacoity. Learned counsel appearing on behalf of the petitioner Md. Tabrej submits that the petitioner is elected Up-Mukhiya of the concerned Gram Panchayat. It is alleged that Dilip Kumar Sah (petitioner in Cr. Misc. No. 21842 of 2009) made a confessional statement in which he has stated that the petitioner has sold certain ornaments which was/were the looted jewellary/articles. It is contended that on the same day, another case was lodged relating to some robbery which gave rise to Palasi P.S. case no. 43 of 2009. The petitioner has already been released on bail in that case. It is contended that the police 2 has recorded a confessional statement allegedly made by him but in fact he did not make any such statement. It appears that he is in custody since 7.4.2009. Learned counsel in support of Cr. Misc. No. 21842 of 2009 submits that so far this petitioner is concerned, there is only alleged confessional statement made by him. It is contended that the petitioner runs a jewellary shop and as such he is supposed to buy/sell articles/jewellary. It is contended that it is not the prosecution case that the aforesaid articles/jewellary allegedly recovered from his shop was/were put on T.I. Parade and was/were identified by the informant. It is contended that he is in custody since 27.3.2009 and that he has no murky past. In the facts and circumstances of the case, let petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Amour P.S. case no. 21 of 2009. pkj ( Kishore K. Mandal, J. )