IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40291 of 2010 BHUTWA Versus STATE OF BIHAR 2 20.12.2010 Heard learned counsel for the petitioner as well as learned counsel for the state. Petitioner seeks his bail in connection with Kishanganj P.S. Case No. 140 of 2010 registered under section 379 of the Indian Penal Code. According to prosecution case itself, the alleged recovery was made from Thela not from conscious possession of the petitioner. Furthermore, it is apparent from the written report of the informant that the associates of this petitioner fled away from the place of occurrence. The impugned order of learned Additional Sessions Judge does not reflect any criminal antecedent of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioner, namely, Bhutwa 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 in connection with Kishanganj P. S. Case No. 140 of 2010 to the satisfaction of Chief Judicial Magistrate, Kishanganj. AKV/- (Hemant Kumar Srivastava,J.)