IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21498 of 2010 BINOD KUMAR Versus STATE OF BIHAR ----------- 2 25.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Naubatpur P.S. No. 123 of 2010 for offences punishable under Sections 414, 379, 411 and 120(B) of the Indian Penal Code and Section 30 of the Ancient Monuments and Archaeological Sites and Remains Act 1958. Learned counsel for the petitioner with reference to the substance of allegation as set out in the F.I.R., submits that at no place does the informant who is the Inspector of Police mentions that the said brass idol of Buddha recovered from the petitioner was either an antique piece or a stolen property. He further with reference to a receipt placed at Annexure-2 of the application submits that the said brass idol of Buddha had been purchased by this petitioner from a shop at Varanasi namely Sarnath Silk Handicraft. He further submits that the petitioner had in fact purchased two 2 brass idols of Buddha and of which one was seized by the police in the present transaction. He thus submits that even in absence of any evidence to the contrary the petitioner has been unnecessarily roped in the present case. Having regard to the circumstances aforesaid, let the petitioner namely, Binod Kumar be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Naubatpur P.S. case No. 123 of 2010. Bibhash ( Jyoti Saran, J.)