IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13930 of 2009 PANKAJ RAI Versus STATE OF BIHAR ----------- 03/ 17.06.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under sections 379, 414, 411 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that neither the petitioner was caught on the spot nor any incriminating article has been recovered from his possession. Learned counsel for the petitioner further submits that two persons were caught on the spot by the villagers and were produced before the police, as they were said to have been cutting electric wires and an ambassador car was also found standing there. Learned counsel for the petitioner also avers that the said accused persons, who were caught on the spot, named the petitioner as provider of vehicle merely in retaliation, as the petitioner along with other villagers had apprehended them. Learned counsel for the petitioner further contends that the petitioner neither owns the said ambassador car nor has any criminal antecedent. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, the petitioner, namely Pankaj 2 Rai shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No.212 of 2008 subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)