IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34796 of 2009 BACHHA SINGH @ BACHA SINGH S/O Ram Chander Pd. Singh resident of Village- Abhui P.S. Dorounda District Siwan. Versus STATE OF BIHAR ----------- 3 13/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner is an accused for the offence under sections 414, 465, 467, 468 and 471/34 of the Indian Penal Code. There is specific allegation against the petitioner to be in possession of the stolen Bolero Vehicle. Mr. Kamal Nayan Choubey, learned Senior counsel appearing on behalf of the petitioner would however submit that there are sufficient material in the case diary to show that the petitioner was actually duped by Prem Jee and Sunil Singh who, in fact, were dealing in the sale and purchase of second hand vehicles. Mr. Choubey has also placed reliance on a certificate of Uttar Bihar Kshetriya Gramin Bank, a sponsored Bank of Central Bank of India, dated 6.8.2009 wherefrom it would transpire that a draft for sum of Rs.2,30,000/- in favour of Prem Lal Kumar payable at Siwan was prepared. This part of defence of the petitioner, in fact, also gets certain corroboration in paragraph 28 of the case diary. In that view of the matter, when it has also been found from the case diary that there is nothing except the alleged confessional statement of the petitioner stating that the vehicle in question is said to have been purchased by him and for which there is 2 also a proof of payment by way of Bank draft, this Court by also taking into account that the petitioner has got no criminal antecedent, would direct for release of the petitioner, namely, Bachha Singh @ Bacha Singh on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M.Siwan in Maharajganj P.S. Case No.100 of 2009 in which one of them must be of his close family relative, namely, either parents or wife or son or own brother. Abhay Kumar (Mihir Kumar Jha, J.)