IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29238 of 2008 RAKESH KUMAR, Son of Uttam Gope, Resident of Village-Madan Tola, P.S.-Mokama, District-Patna. Versus STATE OF BIHAR ----------- 2 29.09.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case in under Section 379 of the I.P.C. Subsequently Section 411/34 of the I.P.C. was also added. The allegation against the petitioner is that some small iron scraps were recovered from the shop of the petitioner suspected to be stolen articles from the premises of Bharat Wagon & Engineering Company Ltd. Mokama. The seizure list is annexed as Annexure-3 from which the identification of the articles is not conclusively established as of belonging to the factory for being used for purposes of manufacture of railway wagons etc. Learned counsel for the petitioner submits that the articles have not been subsequently identified by any of the competent officers of the factory. As much, he also submits that, the articles recovered from his shop can not be conclusively said to be stolen property of the factory. Petitioner is in - 2 - custody since 15.5.08 and he has no criminal antecedent. Considering the facts and circumstances, petitioner, namely, Rakesh Kumar be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judical Magistrate, Barh in connection with Mokama P.S. Case No. 71/08. Arvind/ ( J. N. Singh, J.)