IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25107 of 2008 UPENDRA YADAV Versus STATE OF BIHAR ----------- 2 17.07.2008 Heard the learned counsels for the petitioner and the State. Petitioner apprehends his arrest in connection with Khagaria P.S.Case No. 256 of 2000 registered for the offence alleged to have been committed under sections 379 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner is not named in the first information report, however the vehicle in question was recovered from the house of the petitioner in the district of Samastipur for which a separate case was registered vide Hassanpur P.S.Case No. 80 of 2000, as contained in Annexure-2 to the petition. In that Hasanpur P.S.Case the allegation was to the effect that the petitioner was in possession of the truck in question i.e. BR-E-1032. In the said case the petitioner has been enlarged on bail by this court vide order dated 28.09.2000 passed in Cr. Misc. No. 26883 of 2000 (Anneuxre-3). In view of the above, it has been submitted that petitioner deserves to be allowed bail in the present case. Considering the submissions as noticed above and on perusal of the allegations levelled in the first information reports, averments made in the petition as also the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, Upendra Yadav be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagari, in connection with Khagaria P.S.Case No. 256 of 2000 subject to the conditions as laid down under section 438(2) of the Criminal Procedure Code. Manish/- f( Shailesh Kumar Sinha,J.) 2