IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1814 of 2009 Md. Mohsin, Son of Late Sirajul Islam, resident of Village- Dhumtola, P.S. Abadpur, District-Katihar Versus STATE OF BIHAR ----------- WITH Cr.Misc. No.9788 of 2009 Md. Rabbani, Son of Late Basiruddin, resident of Village- Nayatoli, P.S. Abadpur, District-Katihar. Versus STATE OF BIHAR ----------- 3 13-04-2009 Heard learned counsel for the petitioners as also learned A.P.P. for the State. Cr .Misc.No.1814 of 2009 preferred by petitioner Md. Mohsin and Cr.Misc.No.9788 of 2009 preferred by Md. Rabbani have been taken up together as they arise out of the same Abadpur P.S. Case no.72 of 2008 registered under Sections 461, 379 and 411 I.P.C. and they are being disposed of by this common order. The petitioners of the two cases who are not named in the F.I.R. are sought to be arrayed as accused on the basis of recovery of one Mobile Set each from their possession subsequently to the commission of theft in the Mobile selling shop of the informant. The written report submitted by the informant only indicates that models and number of items of mobiles of each of the items stolen from his shop without giving their respective I.M.E.I. number, Battery no. and Charger number. There is nothing in the case diary to show that the pieces of said mobile sets recovered were the same which had been stolen from - 2 - the shop of the informant save and except the fact of recovery from their house contained in paragraph-17 of the case diary and assertions of the sets having been identified by the informant at the T.I.Parade held as contained in paragraph 31 of the case diary. Several questions remain to be answered by the Investigating Officer. Considering the facts and circumstances of the case, let the petitioners, namely, Md. Mohsin and Md. Rabbani be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Abadpur P.S. Case no.72 of 2008. NKS/- ( Abhijit Sinha, J )