IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15740 of 2011 Mantosh Kumar Versus The State Of Bihar with Criminal Miscellaneous No.14594 of 2011 Manoj Rai Versus The State Of Bihar ----------- 04/ 22.12.2011 Both the above stated petitions arise out of Malsalami P.S. Case no. 40/2010 initially, registered under sections 419, 420, 379 of the IPC and later on, sections 396, 120B, 412 of the IPC were also added and accordingly, both the above stated petitions are being disposed off by this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are not named in the first information report and it appears that in course of investigation when the call detail of mobile of the deceased was verified, name of the petitioner in Cr. Misc. no. 15740/2011 came to light and thereafter his house was raided and allegedly, one mobile set, one old Tripal and one plastic rope were recovered. So far as the petitioner in Cr. Misc. no. 14594/2011 is concerned, his name too, appeared in this case on the basis of confessional statement. Learned counsel for the petitioner in Cr. Misc. no. 15740/2011 submits that Tripal and plastic rope belongs to the petitioner and, as a matter of fact, seized mobile also belongs to the petitioner. It is further contended by him that having more or less similar allegation some co-accused have already been granted - 2 - privilege of bail. Learned counsel for the petitioner in Cr. Misc. no. 14594/2011 submits that except confessional statement of co-accused as well as the petitioner, there is nothing against the petitioner. Considering the above started submissions as well as materials available on record, let the petitioners, Mantosh Kumar and Manoj Rai, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in Cr. Misc. no. 15740/2011 and Sri A.R. Upadhaya, Judicial Magistrate, Ist Class, Patnacity, Patna in Cr. Misc. no. 14594/2011 in Malsalami P.S. Case no. 40/2010. shahid (Hemant Kumar Srivastava,J)