IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34827 of 2009 AIYUB @ MD.AIYUB . Versus STATE OF BIHAR . with Cr.Misc. No.35563 of 2009 MD.JAKIR @ JAKIR MIAN . Versus STATE OF BIHAR . ----------- 3 23.11.2009 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Petitioners have been made accused in connection with Narpatganj P.S. Case No. 284 of 2008 (G.R. No. 2530/08) for the offences punishable under Sections 395 and 397 of the Indian Penal Code. Substance of the allegation as set out in F.I.R. is that the accused persons entered the house of the informant and committed dacoity and took away valuables from his house consisting of money, Hero Honda motorcycle items of daily use, jewelry etc. Learned counsel appearing on behalf of the two petitioners jointly submitted that whereas no recovery was made from the house of accused Md. Jakir @ Jakir Mian, the only item which is said to have been recovered from the accused 2 Aiyub @ Md. Aiyub, is a spade. It is stated that at no place in the F.I.R. it has been mentioned that the dacoits had taken away a spade nor has the same been put on T.I. Parade by the police. Learned counsel thus submits that they have been wrongly involved in the present case and the police have not even put them on T.I. Parade. It is submitted that whereas a large number of items is said to have been taken away from the house of the informant but none of those items were recovered from either of these petitioners. In the aforesaid circumstances prayer for bail has been made. Having regard to the facts and circumstances of the case, let the petitioner, Aiyub @ Md. Aiyub and Md. Jakir @ Jakir Mian, be enlarged on bail upon each of them furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No.284/08 (G.R. No. 2530/08) subject to the condition that the petitioners would be attending the court below on each and every date fixed and failure on 3 their part to attend the court on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below would grant liberty to the court below to initiate proceeding for cancellation of their bail bond and for taking them into custody. Bibhash (Jyoti Saran, J. )