IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25905 of 2008 NURAIN ANSARI Versus STATE OF BIHAR ----------- 2 28.07.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused in a case registered under section 394 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the first information report is against unknown. It is further submitted that the petitioner has been implicated in this case on the basis of the statement of one Latif Nut, although it is not understandable as to how the informant could identify a unknown namely, Latif Nut, who also did not name the petitioner initially on being interrogated by the police on 19.12.2005. However after expiry of about two years he implicated this petitioner without any reasonable basis. It is further contended that on perusal of the first information report it would appear that the whole prosecution story appears to be doubtful as to why the Manager would go alone to bring the remittance and after his mobile and one lakh rupees were snatched he, even, could not see the registration number of the motorcycle on which the unknown criminals were seating and fled away. Considering the submissions, as noticed above, and on perusal of the allegations levelled in the first information report, the 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, Nurain Ansari be released on bail on 2 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Gaunaha P.S.Case No. 50 of 2005 subject to the conditions as laid down under section 438(2) of the Criminal Procedure Code. Manish/- ( Shailesh Kumar Sinha,J.)