IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8204 of 2008 MD.ASLAM & ANR Versus STATE OF BIHAR WITH Cr. Misc. No. 12790 of 2008 SANTOSH KUMAR RAM @ SANTOSH RAM & ANR. Versus STATE OF BIHAR ******* 2 13.05.2008 Heard Counsel for the petitioners and the A.P.P. representing the State. This is an application for bail on behalf of the petitioners, namely, Md. Aslam & Yogendra Sahni (Criminal Misc. No. 8204 of 2008) and Santosh Kumar Ram @ Santosh Ram & Md. Azad (Criminal Misc. No. 12790 of 2008) who are accused in a case under Sections 419 & 420 of the Indian Penal. Counsel for the petitioners submits that even if everything as alleged against the petitioners in the First Information Report is accepted, there was no victim of the alleged offence on cheating being committed by them. Infact, the Railway Police Officer, the informant, had only doubted that the petitioners are indulging in such offences. He further submits that the petitioners have no criminal antecedents and therefore, this part of suspicion against the petitioners by the informant was not correct. Considering the aforementioned facts and 2 specially the fact that no person was made victim of the alleged attempt of the petitioner of cheating as also taking into account that they have remained in custody since 27.11.2007, this Court directs release of the petitioners, namely, Md. Aslam, Yogendra Sahni, Santosh Kumar Ram @ Santosh Ram and Md. Azad on bail in Katihar Rail Police Station Case No. 146 of 2007 on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Rail Judicial Magistrate, Katihar with condition that one of the sureties must be a close family member preferably either mother or the wife of the petitioners. The Court below, however, before granting bail to the petitioners will make a verification with regard to their criminal antecedents and in the event any of the petitioners is found to have any criminal antecedents, such petitioner(s) would not be enlarged on bail. Anand (Mihir Kumar Jha, J.)