IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9315 of 2009 1. Baldev Sahni son of Ramchandra Sahni, resident of village- Kalwara, P.S. Singhwara, District-Darbhanga 2. Ataur Sah, son of Khursid Sah, resident of Village-Korouni, P.S. Singhwara, District-Darbhanga. --------------------- Petitioners Versus STATE OF BIHAR ----------- For the petitioners : Md. Shahnawaz Ali, Advocate For the State : Abhimanyu Sharma, A.P.P. ---------- 2 08.05.2009 The two petitioners Baldev Sahni and Ataur Sah who though not named in the F.I.R. are incarcerated in connection with Simari P.S. Case No. 71 of 2004 registered under Sections 395 and 397 I.P.C. giving rise to Sessions Trial No.352 of 2008. Apart from being not named in the F.I.R., no recovery appears to have been made from their possession or persons and they have been arrayed as accused on the basis of the confessional statement of co-accused Md. Amin. In the facts and circumstances of the case notwithstanding several witnesses having named them subsequently, there is no justification for detaining in custody. Accordingly, petitioners , Baldev Sahni and Ataur Sah, are directed to 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 Presiding Judge, F.T.C.No.III, Darbhanga ,in connection with Sessions Trial No.352 of 2008 arising out of Simari P.S. Case No.71 of 2004. NKS/- ( Abhijit Sinha, J )