IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.23675 OF 2009 KAMESHWAR YADAV, SON OF BIGAN YADAV, RESIDENT OF VILLAGE KARMA BIGAHA, P.S. JAMHORE, DISTRICT AURANGABAD VERSUS STATE OF BIHAR ----------- 3 30.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under section 392 of the Indian Penal Code. The case relates to theft of a motor-cycle. The motor-cycle was recovered from the stack of straw. The seizure list witnesses, who signed the seizure list, have stated before the police that motor-cycle was kept there by petitioner and other accused persons. It is submitted by learned counsel for the petitioner that no material has come during course of investigation to establish that in fact, petitioner had concealed the motor-cycle under the stack of straw and seizure list witnesses have just made a guess about the same. He submits that three cases in which petitioner has been shown to be accused from before, as mentioned in the order of the learned Sessions Judge, are of 1995, 2001 and 2008 and in all the cases, petitioner is on bail. It is submitted - 2 - that those cases have no proximity with each other which shows that petitioner is not a habitual criminal. Petitioner is in custody since 20.11.2008. Considering the above facts and circumstances, this application is allowed. Let petitioner (Kameshwar Yadav) be enlarged 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 Chief Judicial Magistrate, Aurangabad in Tandwa P.S.Case No.21/08 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)