IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43668 of 2011 Mukesh Kumar, Son of Sri Parmanand Prasad, Resident of Village-Shobhi Dumara, P.S.-Ara Muffasil, District-Bhojpur. …..Petitioner. Versus The State of Bihar …..Opposite Party. For the Petitioner : Mr. Diwakar Upadhyay, Advocate. For the State : APP. ---------------------------------- 02/ 19.12.2011 Heard learned Counsels for the petitioner and the State. The petitioner is one of the accused of the case which has been registered against unknown under Sections 461/379 of the Indian Penal Code in which allegation of theft of mobile phones has been leveled. The petitioner is proprietor of grocery shop and it has been alleged that in course of investigation the mobile phone was seized from his shop. Submission is that nothing has been recovered from the possession of the petitioner and the informant failed to establish ownership of the mobile therefore no offence under Section 379 of the Indian Penal Code is made out. Nothing is on the record to show that the petitioner has received any stolen article knowing it to be stolen. 2 Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/court concerned, Bhojpur at Arrah in connection with Ara Nawada P.S. Case No. 371 of 2011. kksinha/- (Shyam Kishore Sharma, J.)