IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7825 of 2010 MD.GUDDU, Son of Md. Shamim , resident of Pathar Ki Masjid, ward No.50, Police Station-Sultanganj, District-Patna Versus THE STATE OF BIHAR ----------- 02 16-03-2010 Heard learned counsel for the petitioner, and the learned A.P.P. for the State. The petitioner, who is in custody in connection with Sonepur( Hajipur) Rail P.S. Case No.42 of 2009 for offences under Sections 379/411 of the Indian Penal Code, has prayed for grant of bail . Learned counsel for the petitioner submits that perusal of the seizure list indicates that the petitioner has been falsely implicated in this case. He has pointed out that on the bottom of the seizure list thumb impression of this petitioner was obtained and date has been mentioned as 6.12.2009. However, the seizure list was prepared on 12.6.2009. So far as the date mentioned as 6.12.2009 is concerned, it appears that due to mistake the same has been recorded and on this very ground the petitioner may not get any relief. However, the petitioner is in custody since 12.6.2009 and the case is for offences under Sections 379/411 of - 2 - the Indian Penal Code. Considering the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Sonepur, Saran , in connection with Rail P.S. Sonepur( Hajipur) P.S. Case No.42 of 2009 with a condition that on each and every date fixed by the court below , the petitioner shall remain present, failing which his bail bond shall stand automatically cancelled, provided that in special exigency the petitioner can make a prayer before the court below for prior permission for his non-appearance on a particular date and if such prayer is made before the court below,the court below may examine such prayer on its own merit. Further condition would be that one of the bailors should be either wife of the petitioner or his own brother. With the above observation and direction, the bail petition is allowed. NKS/- ( Rakesh Kumar, J)