IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39281 of 2011 Jai Prakash Mahto, Son of Late Jamuna Mahta, R/o Village Saraya, P.S. Makhdumpur, District Jehanabad. -------Petitioner Versus The State Of Bihar -----Opposite Party ------------------ 02/- 05/12/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 379 of the Indian Penal Code. In this case instituted against unknown as regard to taking away cell phone of the informant in a running train, petitioner’s name emerged during investigation as the person using the said handset with another sim. Submission is that it was purchased by Mani Kumar, son of the petitioner aged about 15 – 16 years for Rs. 600/- from unknown person. The investigation is at its initial stage and petitioner has also no criminal antecedent. If, it is so, till conclusion of the investigation/submission of the charge-sheet, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Rail, Gaya, in connection with Jehanabad Rail P.S. Case No. 37 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till conclusion of the investigation/submission of charge-sheet and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)