IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12164 of 2010 DINESH SAH SON OF LATE BINDA SAH, RESIDENT OF MOHALLA DURGA ASTHAN, GOLA ROAD, P.S. TOWN AND DISTRICT MUZAFFARPUR --- PETITIONER. Versus THE STATE OF BIHAR--- OPP. PARTY. ----------- For the petitioner : Mr. D.K.Sinha, Sr. Adv. With Mr. Bajarangi Lal, Adv. For the State : Mr. Nityanand , A.P.P. --- 2/ 04.05.2010 Heard the parties. In a criminal prosecution, for offence under section 414 of the Indian Penal Code, though the petitioner is named in the F.I.R. as an accused and there is allegation of recovery of certain copper wire and some other articles, detailed in the F.I.R., vide Annexure-1, but it is submitted that no case of theft under section 379 of the Indian Penal Code has been registered with respect to the seized articles. It is submitted by the petitioner that he is doing a business of sale and purchase of scraps and there is no criminal history against him. Taking into consideration the aforesaid facts and circumstances, particularly the fact that the offence under section 379 of the Indian Penal Code has not been instituted with respect to the seized article, in the event of his arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the - 2 - satisfaction of C.J.M., Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 59 of 2010 , subject to the conditions as laid down under section 438(2) of the Cr.P.C. ( Birendra Prasad Verma, J ) BTiwary/