IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.33318 OF 2009 AJAY YADAV, SON OF GAJO YADAV, RESIDENT OF VILLAGE LAHSORVA, P.S. PIRI BAZAR, DISTRICT LAKHISARAI VERSUS STATE OF BIHAR WITH CR.MISC. NO.36011 OF 2009 UMESH YADAV, SON OF BAIJU YADAV, RESIDENT OF VILLAGE LAHSARABA, POLICE STATION PIRI BAZAR, DISTRICT LAKHISARAI VERSUS STATE OF BIHAR ----------- 2. 27.10.2009 Heard learned counsels for the petitioners and learned counsel for the State. The case is under section 414 read with Section 34 of the Indian Penal Code. A motor- cycle, suspected to be stolen one, was recovered by the police which was claimed to be of petitioner (Ajay Yadav) of first case. But after verification from the transport office, it appeared that, the said motor-cycle was not registered in his name and as such, on suspicion of possessing stolen motorcycle, the case has been instituted. Petitioner of the second case, namely, Umesh Yadav, on enquiry, had informed the police that the motor-cycle belonged to petitioner of first case. From the order of the learned Sessions Judge it appears that the police has not established till now as to whether the said motor- - 2 - cycle is a stolen motor-cycle connected with a substantive case instituted for theft of the same. Petitioners are in custody since 3.7.2009 and it is said that they have no criminal antecedents. Considering the clean antecedents of both the petitioners, these applications are allowed. Let petitioners of both these applications, namely, Ajay Yadav and Umesh Yadav, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in G.R. No.1165/09 arising out of Dharhara P.S. Case No.70/09 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. B.T (J.N. Singh, J.)