IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38766 of 2009 SUNIL THATHERA, S/o Nageshwar @ Nateshwar Prasad, R/o Vill. Jamuni Chak, P.S. – Barh, Distt. – Patna …….. Petitioner Versus THE STATE OF BIHAR ……………………… Opposite Party. ----------- For the Petitioner:- Mr. Pankaj Kumar Sinha, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. ----------- 2. 16.11.2009. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner has been made accused in a case registered under Section 397 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner is neither named in the first information report nor has there been any recovery from him of any incriminating article. It is further submitted that earlier the prosecution had filed the final form stating the case to be true but no clue. However, on the direction of the court concerned, again investigation was done. It is also submitted that in the supplementary case diary, name of the petitioner has figured as the purchaser of the stolen electric wire, but there is nothing on record to show his involvement. Petitioner is stated to have clean antecedent and is in jail since 07.09.2009. Having regard to the facts and circumstances 2 of the case, the petitioner, namely, Sunil Thathera is directed to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Barh in connection with Belchhi P.S. Case No. 8/2008, subject to the condition that one of the bailors must be the family member or close relative of the petitioner. The bailor must swear an affidavit before the court below giving detailed genealogy to show as to how he is related with the petitioner. dk ( Dr. Ravi Ranjan, J. )