IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28926 of 2008 AWDHESH MANDAL & SATENDRA MANDAL Versus STATE OF BIHAR ----------- 4. 24.11.2008 Heard Sri Kunwar Nr. Jamuar, Advocate for the petitioners and the learned A.P.P. for the State. The case is under Section 379 IPC in respect of cutting of electric transmission wire within a length of about 30 spans measuring in between 3 to 12 kilometers and costing about 84,000/-. The learned Judge has mentioned in his order that the police nabbed the criminals while they were engaged in cutting the wire into small pieces. The whole of the case diary does not bear the above record of the fact. The confessional statement of a co-accused, namely, Yogendra Mandal is the basis for arresting the present petitioner and because of wrong record of fact as indicated above which is mentioned in the confessional statement, this court could not attach much value to the confessional statement. Regard being had to the above facts and circumstances, let the above named two petitioners be released from custody on furnishing bond of Rs.10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Gaya in Barachatti P.S.Case No.109 of 2007. B.Kr. ( Dharnidhar Jha, J. )