IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44978 of 2010 DHURI YADAV Versus THE STATE OF BIHAR with Cr.Misc. No.42396 of 2010 MITHILESH YADAV Versus THE STATE OF BIHAR ----------- 2 28.01.2011 Cr. Misc. No. 44978 of 2010 and Cr. Misc. No. 42396 of 2010 are taken up together for hearing as both the above- said Cr. Misc. Cases arise out of the same case i.e. Dhanarua P.S. case No. 219 of 2010 registered under sections-395 & 397 of the of the Indian Penal Code and accordingly, the above-said Cr. Misc. Cases are being heard and disposed of by this common order. Heard learned counsel Mr. Ravi Ranjan learned counsel appearing in Cr. Misc. No. 44978 of 2010. None appears on behalf of the petitioner in Cr. Misc. No. 42396 of 2010 on repeated calls. In view of aforesaid circumstances, Cr. Misc. No. 42396 of 2010 stands dismissed for non-prosecution. So far as petitioner in Cr. Misc. No. 44978 of 2010 is concerned, he is not named in the F.I.R. but subsequently, he was arrested and it is stated that one Pant and shirt were recovered from conscious possession of the petitioner and the aforesaid Pant and shirt were put on T.I.P. in which the - 2 - informant of this case identified the aforesaid articles as looted articles. The contention of learned counsel appearing in Cr. Misc. No. 44978 of 2010 is that the aforesaid Pant and shirt belonged to the petitioner. Considering the aforesaid submissions as well as period of detention in judicial custody, the petitioner, namely, Dhuri Yadav (in Cr. Misc. No. 44978/10) is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dhanarua P.S. case No. 219 of 2010 to the satisfaction of Sub Divisional Judicial Magistrate, Masaurhi. AKV/- (Hemant Kumar Srivastava,J.)