IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31324 of 2009 MUNI YADAV, son of Damu Yadav, resident of village Balua, P.S. Buxar Muffasil, District Buxar Versus STATE OF BIHAR ----------- 3. 13.10.2009 Heard counsel for the petitioner and the counsel for the State. At the end of the day the allegation against the petitioner u/s 406 of the Indian Penal Code on account of his being Bus Conductor from which the informant lost his brief-case with several valuables including Rs. 35,000/- in cash cannot be said to be a false case. It may be that the petitioner can take some technical plea but at the end of the day if in such buses the luggage is kept by the passengers it is the liability of the owner, Conductor and the Khalasi to ensure that such luggage is returned back in a prompt and safe manner. There is no dispute that the informant had kept his brief-case and the details given by him in the F.I.R. would go to show that he had literally lost several valuables including Rs. 35,000/- in cash. Counsel for the petitioner, therefore, on taking instruction, submits that the petitioner is prepared to pay a sum of Rs. 35,000/- in cash which may be handed over to the informant, subject to result of the criminal trial. Accepting the aforementioned offer of the counsel for the petitioner, this Court would direct for release of the abovenamed petitioner on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Buxar Town P.S.Case No. 272/2008 on his depositing Rs. 35000/- in cash. Such amount of Rs. 35000/- may be handed over to the informant with a condition that if in the trial the criminal case filed by him would fail, he would be liable to refund the amount to the petitioner. With the aforesaid observations and direction, this application is allowed. (Mihir Kumar Jha,J.) Surendra/