IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35945 of 2010 PHOT LALI NUT @ BIHARI NUT & ANR Versus STATE OF BIHAR ----------- 2. 29.09.2010 Heard learned counsel for the petitioners and the State. The petitioners are languishing in jail custody since 17.8.2010 in a case registered under Section 395 of the Indian Penal Code. It is alleged that four persons took the tractor of the informant. It is submitted by Mr. B. J. Ojha, learned counsel for the petitioner that from the possession of the petitioners there is no recovery nor the petitioners have been put on T.I. Parade. Neither petitioners are involved in any case under Section 395 I.P.C. nor the petitioners have ever confessed their involvement in any other case before the police. Hence the submission of prosecution as reflected in the impugned order is an error of record. Since there is allegation in the F.I.R. that accused were only four in number hence on this score also no case under Section 395 IPC is made out. Considering the aforesaid facts, let the petitioners namely, (1) Phot Lali Nut @ Bihari Nut (2) Ghuri Nut be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. Case No. 159 of 2010. Anand Kr. ( Dinesh Kumar Singh, J.)