IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40534 of 2009 SHAMBHU NATH SINGH, Son of Late Jagarnath Singh, resident of Village-Kushde, P.S. Lalganj, District-Vaishali --------- Petitioner Versus STATE OF BIHAR 2 30-11-2009 Heard learned Sr. counsel for the petitioner and learned counsel for the State. Case is under Sections 379 and 411 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. There is no recovery and the stolen tempo has been recovered from a different place. The only allegation against the petitioner, which has come in the confessional statement of one Vikash Kumar is that he had sold the said stolen tempo of the petitioner. The petitioner is aged about 70 years. Petitioner is in judicial custody since 22.9.2009. It is said that the petitioner has no criminal antecedent . Considering the above facts and circumstances, this application is allowed. Let petitioner above named be enlarged on bail on furnishing bail bond of Rs.10,000/- ( ten thousand) with two sureties of the like amount each to the - 2 - satisfaction of the Addl.Chief Judicial Magistrate,Danapur,Patna in connection with Danapur P.S.Case No.283 of 2009 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. NKS/- ( J.N.Singh, J)