IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34854 of 2009 MITHILESH KUMAR SINGH @ MITHILESH SINGH @ BAUELAL SINGH Versus STATE OF BIHAR ----------- 03/ 20-11-2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in Barauni P.S. Case No. 138 of 2009 for offences punishable under Sections 407, 420, 413, 414 and 120B/334 of the Indian Penal Code and Section 7 of the Essential Commodities Act. The substance of allegation as set out in the F.I.R. is that this petitioner along with some other accused persons was involved in committing theft of diesel tank lorry and upon seeing the advent of the Police party, all of them fled away from the place of occurrence. It is alleged that the driver and the owner of the truck were apprehended by the Police. The name of the petitioner has transpired during the course of investigation. Learned counsel appearing on behalf of the petitioner submits that save and except that the name has been gathered by the Investigating Officer, no other material has been found to rope this petitioner with the alleged crime. He further submits that no recovery was made from him nor there is any witness who has supported that the petitioner was found extracting the oil from the tanker. Learned counsel further submits that none of the offences as alleged in the F.I.R. is made out as against the present petitioner and that he is in - 2 - custody since 1.8.2009. Considering the facts and circumstances set forth, let petitioner Mithilesh Kumar Singh @ Mithilesh Singh @ Baue Lal Singh be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 138 of 2009. S.Sb/- (Jyoti Saran, J.)