IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20855 of 2011 Tipka Singh Versus The State Of Bihar with Cr.Misc. No.21763 of 2011 Halua Singh Versus The State Of Bihar ----------- 2 19-07-2011 Both the above-said Cr. Misc. Cases arise out Bihpur R.P.S. P.S. Case No. 02 of 2011 registered under section-3 of R.P. (U.P.) Act and accordingly, they are being disposed of by this common order. Heard learned counsels for the petitioners as well as learned Additional Public Prosecutor for the state. It would appear from perusal of the first information report that one, Santosh Singh was caught with 50 kg rice which was stolen from a boggy of goods train and aforesaid apprehended co-accused disclosed the name of the petitioner in Cr. Misc. No. 21763 of 2011 as well as some others as his associates but he did not disclose the name of petitioner in Cr. Misc No. 20855 of 2011 but subsequently, in course of investigation, when the confessional statement of aforesaid co- accused, Santosh Singh was recorded, he disclosed the name of the petitioner in Cr. Misc. No. 20855 of 2011. Admittedly, petitioners are neither named in the FIR nor anything has been recovered from their conscious possession and it appears that their prayer for bail was rejected 2 by the learned Sessions Judge, Khagaria only on the ground that they carry some criminal antecedent. Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioners, namely Tipka Singh (in Cr. Misc. No. 20855 of 2011) and Halua Singh (in Cr Misc. No. 21763 of 2011) be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Bihpur R.P.S. P.S. Case No. 02 of 2011 to the satisfaction of J.R.M., Khagaria. AKV/- ( Hemant Kumar Srivastava,J.)