IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.25913 OF 2009 FARJAN ALI, SON OF LATE HABIB MIAN, RESIDENT OF VILLAGE MEHSI STATION ROAD, POLICE STATION MEHSI, DISTRICT EAST CHAMPARAN VERSUS THE STATE OF BIHAR WITH CR.MISC. NO.31118 OF 2009 SAJJAN KUMAR SHAHI, SON OF BHOLA SAHNI, RESIDENT AOF VILLAGE KANTI, POLICE STATION KANTI, DISTRICT MUZAFFARPUR VERSUS THE STATE OF BIHAR ********* 2 01/09/2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are accused in a case under Section 379 and 461 of the Indian Penal Code. The allegation is that the petitioner Sajjan Kumar Shahi has confessed his guilt and on the basis of his confessional statement, recovery has been made from the petitioner Farzan Ali. Learned Counsel for the petitioners submits that the so-called confessional statement is not legally binding upon him. Further, it is said that even the statement that recovery was made on the basis of the petitioner’s confessional statement is vague because it is not specified as to how many pieces of iron grill were recovered from the petitioner 2 Farzan Ali. It is further submitted that the petitioner Farzan Ali is a KABARI shop owner and as such it cannot be stated that the iron grill which was recovered from him was stolen article. Be that as it may, the above named petitioners are directed to be released on bail in Kanti Police Station Case No. 78 of 2009 on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate (West), Muzaffarpur. Anand ( Sheema Ali Khan, J. )