IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18647 of 2009 SITABUR RAHMAN Versus STATE OF BIHAR ----------- 3 23.07.2009 Heard both sides. The petitioner seeks bail in a case instituted under Sections 379, 411, 427/34 of Indian Penal Code. Learned counsel submits that going by the allegation in the F.I.R. it is not a case that the petitioner was found or caught while committing theft of wire from the transformer. It is the prosecution case that subsequently he along with another co- accused was/were found driving a motorcycle along with a bag which contained copper wire. Referring to Annexure-2, it is contended that the co-accused has filed affidavit claiming purchase of the copper wire. It is further contended that the said co-accused also produced a receipt. Counsel submits that petitioner has no criminal antecedent. This court found from the impugned order that the petitioner made confessional statement in which he accepted that he was involved in removing/stealing of wires in the similar fashion. Learned Chief Judicial Magistrate, Kishanganj is, therefore, directed to verify the antecedent of the petitioner. In the event, it is found that he is not required in any other case of identical nature, petitioner abovenamed shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two 2 sureties of the like amount each to his satisfaction in connection with Kochadhaman P.S. case no. 42 of 2009 subject to the condition that one of the bailers shall own/close family member of the petitioner. pkj ( Kishore K. Mandal, J. )