IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44060 of 2009 MANOJ KUMAR S/O SHANKAR PASWAN R/O MOHALLA SATPUR POKHARIA PIR P.S. KAZI MOHAMMADPUR DISTT.- MUZAFFARPUR Versus THE STATE OF BIHAR ----------- 3 26.02.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Kazi Mohammadpur P.S. Case No. 71/09 for the offences punishable under Sections 457, 380 and 471 of the Indian Penal Code. The substance of allegation as set out in the F.I.R. is that a theft was committed in the house of the informant and that his younger brother saw one of the thief who were taking away the gas cylinders, D.V.D. etc. On the identification by the informant, the petitioner and one Munnu Kumar were arrested from the market place. Learned counsel for the petitioner submits that the informant had no occasion to see the petitioner as he was informed about the theft by his younger brother which fact is also evident from the F.I.R. He further submits that the recovery of the - 2 - cylinder was from the house of the accused Munnu Kumar and the D.V.D. was said to be with accused, Uday Kumar and which fact is apparent from the F.I.R. itself. In such circumstances he submits that the petitioner is wrongfully confined since 1.6.2009. Having regard to the facts and circumstances of the case, let the petitioner, Manoj Kumar, be enlarged 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 Chief Judicial Magistrate, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No.71 of 2009. Bibhash (Jyoti Saran, J. )