IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26721 of 2011 Sugam Chaudhary, son of Damodar Chaudhary, resident of Muzaffarpur, resident of Mirzapur, P.S. Kasim Bazar. District Munger. …Petitioner Versus The State Of Bihar ……Opposite Party ---------------------------------- 03/ 25.10.2011 Heard learned counsel for the petitioner and learned counsel for the State. 2. Petitioner is an accused for offences punishable under sections 395 and 412 of the Penal Code. 3. Learned counsel for the petitioner submits that the allegation against six unknown accused persons is that during the course of dacoity they took away three mobiles, Rs.400.00 cash and one bag of clothes and subsequently one of the aforesaid mobiles was recovered from the possession of the petitioner and he made a confessional statement. He further submits that the entire allegation is absolutely false and frivolous as he had purchased the said mobile from one Afroz, who said that he was in need of money and was selling his own mobile. This statement was supported by Md. Afroz and other two independent witnesses also. He further states that except the aforesaid recovery of mobile, no incriminating article has been recovered from his possession nor any T.I. Parade was held and the petitioner is languishing in jail since 29.05.2011 although he has got no criminal antecedent and he is the owner of an Almirah shop. 4. Considering the aforesaid facts and circumstances, 2 this petition for bail is allowed. The sole petitioner, namely, Sugam Chaudhary is directed to be released on bail on executing bail bond of Rs.10,000.00 (Rupees ten thousand ) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 154/2010 MPS/ ( S. N. Hussain, J.)