IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44945 of 2010 DAYANAND THAKUR, son of late Rambhajo Thakur Versus THE STATE OF BIHAR ----------- 2 28.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner seeks bail in connection with Banka P.S. Case No.440 of 2009 (Corresponding to S.T. No.741 of 2010) registered for the offence under Sections 397, 398 of the Indian Penal Code. Petitioner is not named in the F.I.R., but it appears from submission of the learned counsel for the petitioner that one Banka P.S. Case No.441 of 2009 was registered and the petitioner was remanded in this case from the aforesaid Banka P.S. Case No.441 of 2009. He further submitted that the petitioner was arrested at the spot in connection with above stated Banka P.S. Case No.441 of 2009, but nothing had been recovered from his possession. He also submitted that no offence under Section 397 and 398 of the I.P.C. is made out in the present case. 2 Although, petitioner carries criminal antecedent of several cases, but considering the facts and circumstances of the present case petitioner, namely, Dayanand Thakur is directed to 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 learned Sri Satish Ch. Srivastava, Additional District Judge, F.T.C.-IV, Banka in connection with above stated Banka P.S. Case No.440 of 2009 (Corresponding to S.T. No.741 of 2010). It is made clear that the release of the petitioner in the present case would not affect the merit of Banka P.S. Case No.441 of 2009. PN (Hemant Kumar Srivastava,J.)