IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50411 of 2008 Avinash Kumar @Avinesh Kumar, Son of Sri Pravin Yadav, resident Of Village-Sirsiya, P.S. Bela, District-Sitamarhi -- Petitioner Versus STATE OF BIHAR ----------- 3 13-04-2009 Heard, Mr. Pushpendra Kumar Singh, learned counsel for petitioner Avinash Kumar @Avinesh Kumar who is in custody since 5.10.2007 in connection with Sitamarhi P.S. Case No.212 of 2007 registered under Section 379 I.P.C.on the allegation of being a member involved in the theft of the motorcycle of the informant. Also heard Mr. R.B.Roy ‘Raman’ learned A.P.P. for the State. The petitioner is not named in the F.I.R. which is against unknown and his name cropped up in course of investigation on the basis of the confessional statement of one Ashok Kumar, who disclosed the name of the petitioner as one of the accomplice and of having sold the motorcycle to one Sajid Rain. The said stolen motorcycle is said to have been recovered from Sajid Rain. Since the petitioner is neither named in the F.I.R. nor had been put on T.I. Parade and recovery of the stolen motorcycle was not made from his possession and his name transpired from the confessional statement of co- accused, the petitioner Avinash Kumar @ Avinesh Kumar,is directed to be released on bail on furnishing bail bond of Rs.10, 000/- with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No.212 of 2007. NKS/- ( Abhijit Sinha, J )