IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51243 of 2008 MD.SARBAR, son of Md. Mustaque resident of village-Muriya, P.S.- Muriya(Bhalpatti), Distt.-Darbhanga-----------------------Petitioner Versus STATE OF BIHAR with Cr.Misc. No.14424 of 2009 PAPPU KHAN @ SAYEEDUZZAMA, son of Md. Hashim, resident of village-Chhatwan, P.S.-Keoti, Distt.-Darbhanga ------------------------ ----------------------------------------------------------------------Petitioner. Versus STATE OF BIHAR ----------- 4. 13.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that vehicle was allegedly looted by four miscreants including other articles from the driver. In course of investigation one Sagir Alam made some confession before the police concerning involvement of a gang including this petitioner and their attempt to sell the stolen vehicle but could not be finalized. In that continuation Sagir disclosed that the number plate was given to one Gulab but the same was recovered from petitioner, Sarbar. So, there can be no excuse of this petitioner, Sarbar. Accordingly, prayer for anticipatory bail of petitioner, Md. Sarbar is rejected. As about petitioner, Pappu Khan, no evidence at all save and except the confession without any recovery. So, there can be no justification, in my view, in his arrest. Accordingly, in the event of arrest or surrender within one month from today in Madhepur( R.S. Shivir) P.S. case no.286 of 2007 ( G.R. no.1182 of 2007), the above named petitioner, namely, Pappu Khan @ Sayeeduzzama, shall be - 2 - released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Madhubani , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. However, if some material appears in course of further investigation that can be well taken into consideration while framing the charge by the trial court considering justification of bail so granted to the petitioner. Sudip ( Mandhata Singh, J )