IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42856 of 2010 BALIRAM, son of late Puran Ram Versus STATE OF BIHAR ----------- 2/- 05.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for State. Petitioner is in jail custody since 07.05.2010 in connection with Sonbarsa P.S. Case No. 45 of 2010 registered under Section 394/511 of the I.P.C. Allegedly, petitioner along with one Dilip Sah was caught with stolen motorcycle at the place of occurrence. The contention of learned counsel for petitioner is that the distance in between P.O. and Police Station is about three Kms, which is evident from formal First Information Report of the instant case. Further contention of learned counsel for petitioner is that according to prosecution case itself, after the alleged occurrence, informant went to concerned Police Station and after that police along with informant reached the place of occurrence and arrested the petitioner, so the aforesaid story does not 2 appear to be convincing. He further points out that the petitioner is suffering from HIV Positive. Considering the aforesaid facts and circumstances as well as this aspect of the matter that except the present case and one case registered under the provisions of Arms Act, there is no any other case against the petitioner, above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/ with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sonbarsa P.S. Case No. 45 of 2010. Ashwini/- ( Hemant Kumar Srivastava, J.)