IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39657 of 2008 SHANKAR MANJHI Versus STATE OF BIHAR ----------- For the petitioner: Mr.Sudhir Kumar Sinha,Advocate. For the State : Mr. Upendra Kumar,APP. 03 22.12.2008 Heard. Petitioner seeks bail in a case instituted under Sections 461 and 379 of the Penal Code. As per First Information Report the theft was committed in the betel shop of the informant. Learned counsel for the petitioner submits that F.I.R. was lodged against unknown. It has further been submitted that on 09.01.2008 one Suran Manjhi (full brother of the petitioner) was arrested and he is said to have made a confessional statement that he along with one Arsad Miya and Pramod Choudhary committed the alleged crime and the stolen articles were kept in his house. It appears the police subsequently raided the house of aforesaid Suran Manjhi (full brother of the petitioner) and recovered stolen articles. Learned counsel for the petitioner in paragraph no.9 of this bail petition stated as under: “That it is submitted here that brother of petitioner Suran Manjhi is criminal nature and he has kept the articles in a Jute Bora and on the basis of his confession police recovered the same and also implicated the petitioner and arrested him.” It has further been submitted that the brother of the 2 petitioner has criminal antecedent whereas this petitioner is a tractor driver and does not carry any criminal antecedent. It is further submitted that petitioner is in custody since 10.01.2008. In view of the facts appearing from the record, the court may for the present, presume that the stolen articles were recovered from the joint house of the petitioner and his brother Suran Manjhi. Having regard to the aforesaid facts, this court is inclined to admit the petitioner to bail. Let the petitioner, namely, Shankar Manjhi 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 Chief Judicial Magistrate, Gaya in connection with Mofassil P.S. Case No. 02 of 2008 corresponding to G.R. No. 08 of 2008, subject to the condition that one of the bailors should be the own/close family member of the petitioner. Sym ( Kishore K. Mandal, J.)