1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1718 of 2009 Sanjay Nut son of Lali Nat, resident of Village- Najir Bakhri, Police Station- Mehsi, District- East Champaran…………….Petitioner. -Versus- The State of Bihar…………………………………..Opposite Party. ---------- For the petitioner: Mr. Uma Kant Shukla, Advocate. For the State : Mr. Jharkhandi Upadhyaya, A.P.P. ---------- -With- Cr.Misc. No.13013 of 2009 Bipin Paswan, son of Phulena, Paswan, resident of Village- Husseni Kaseya, Police Station- Dumariaghat, District- East Champaran at Motihari………………………………………………Petitioner. -Versus- The State of Bihar………………………………….Opposite Party. ---------- For the petitioner: Mr. Upendra Kumar Choubey, Advocate. For the State : Mr. Jharkhandi Upadhyaya, A.P.P. ----------- 4. 13.04.2009. Both these petitions for bail have been taken up together as they arise out of the same Kataiya P.S. Case No. 144 of 2008 registered under Section 395 of the Indian Penal Code and having been heard together is being disposed of by this common order. Sanjay Nut is the petitioner in Cr. Misc. No.1718 of 2009 and Bipin Paswan is the petitioner in Cr. Misc. No. 13013 of 2009. The aforesaid police case was registered against 5-6 unknown criminals on the basis of the written report submitted by one Amar Nath Mishra on the allegation that while he was returning to his house with his wife from Deoriya on a Motor Cycle and reached near Pakaha village at about 8.00 P.M. on 21.08.2008 he was stopped by two unknown persons who assaulted him with Danda. They were joined by two unknown others who snatched Rs. 700/- from the Dickey and Rs. 50/- from his possession and also took his Nokia Mobile sets Model No. 1208 and N-72 whereafter they fled. 2 In course of investigation, one Firoz Nut was arrested who allegedly confessed before the police regarding his involvement in the said occurrence and he also disclosed that he sold one mobile set to one Safi Alam for Rs. 3000/- which was confirmed by Safi Alam who on interrogation admitted of having purchased the N-72 Model set from the said Firoz Nut. It also appears that another Mobile set Model No. 1208 was recovered from the possession of petitioner Sanjay Nut. Subsequently one Bipin Paswan, the petitioner of Cr. Misc. No. 13013 of 2009 was arrested on the basis of a Mobile set Model No. 1208 being recovered from his possession who confessed of having purchased the said set for Rs. 700/- from one Din Dayal Nut after knowing that the same was stolen property. From what has been stated above it would appear that two Mobile sets of Model No. 1208 and one Model set No. N-72 were recovered by the police said to have been stolen in course of the occurrence which gave rise to the instant case when the specific allegation was that one Mobile set being Model No. N-72 and another of Model No. 1208 were looted at the occurrence. The Mobile sets recovered do not appear to have been identified by the informant. It is also curious that both these petitioners were arrested for being in possession of Mobile set Model No. 1208 without showing any nexus between the stolen one and these two sets. In the facts and circumstances of the case, the petitioners Sanjay Nut and Bipin Paswan are directed to be enlarged on bail on furnishing bail bonds of Rs 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Learned 3 Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 144 of 2008 corresponding to G.R. No. 1809 of 2008. U.K. (Abhijit Sinha,J)