IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51943 of 2008 SONU RAI, son of Late Paltan Rai, resident of village- Tingachhiya, ward no.45, P.S. and District-Katihar. Versus STATE OF BIHAR ----------- 2. 28.1.2009 Heard Sri Ratnakar Ambastha, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner is named in the FIR of a case under Sections 457 and 380 of the IPC and was implicated on account of being named by a thief who was caught at the spot. There could not any question of recovery from the petitioner’s possession inasmuch as the thief started running away. The contention is that the participation of the petitioner could not be concluded on account of being named by a co-accused. Let the above named petitioner be released from custody on furnishing bond of Rs.3,000/-(three thousand)with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in Katihar(M) P.S.Case No.61 of 2007. B.Kr. ( Dharnidhar Jha, J. )