IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20707 of 2010 RAGHUNATH SAHNI Versus THE STATE OF BIHAR ----------- 3/ 30-06-2010 This matter has been listed under the heading “To Be Mentioned” on the prayer made on behalf of the petitioner. By order No. 2 dated 17.06.2010, the petitioner was granted bail in connection with Ahiyapur P.S. Case No. 294 of 2009. The aforesaid order is reproduced herein below: “Heard the parties. In a criminal prosecution for offences under sections 457, 380 of the Indian Penal Code, the petitioner and one more accused are alleged to have committed theft in the house of the informant. It is submitted by learned counsel for the petitioner that no incriminating articles have been recovered either from the house or from the possession of the petitioner. The petitioner has been falsely implicated in the present case because of village politics. The petitioner is stated to be judicial custody since 19.2.2010. It is further stated that co-accused Md. Salam with almost similar allegation has already been granted bail by the court below on the basis of compromise. In the aforesaid facts and circumstances of the case, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10, 000/- ( ten thousand ) with two sureties of like amount each to the satisfaction of C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No. 294 of 2009.” It is stated by learned counsel for the petitioner that in the original file of the case the order number, date of the order and the contents of the order have been correctly typed, but after pronouncement, due to certain technical fault, the order number and the date of the said order are not reflected in the print out copy 2 of the said order, as a result thereof the aforesaid bail order could not be faxed to the court below and petitioner is still in judicial custody. Now the entire order dated 17.06.2010 has been reproduced above. Therefore, learned Chief Judicial Magistrate, Muzaffarpur is directed to release the petitioner on bail in terms of the said order dated 17.06.2010 forthwith. It is stated by learned counsel for the petitioner that the cost of the fax has already been deposited on 18.06.2010. Office may verify . Let this order also be communicated to the court below, referred to above, through fax at the cost of the petitioner. BTiwary/ ( Birendra Prasad Verma, J.)