IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43551 of 2010 MAHESH KUMAR, S/O RAMNATH SINGH, R/O HOUSE NO.51, ROAD NO.1, NEW PATLIPUTRA COLONY, P.S.-PATLIPUTRA, DISTRICT-PATNA. ……………PETITIONER. Versus THE STATE OF BIHAR. ………………OPP. PARTY. ----------- 2 26.03.2011 Heard learned senior counsel for the petitioner and learned counsel for the State. Case is under Sections 457 and 380 of the Indian Penal Code in which Section 411 of the Indian Penal Code was added later on. As per the FIR, four mobile phones of the informant were stolen from his house in the night on 23.07.2009. FIR was registered, case was investigated and after completing the investigation police submitted final report finding the case true, but without clue. After the final report was submitted on 22.05.2010 one mobile phone is said to have been recovered from the possession of the petitioner, the I.M.E.I. number of which tallied with one of the stolen mobile. The police did not arrest the petitioner and filed an application before the court for re- opening of the investigation, which was allowed and warrant of arrest was issued against the petitioner. 2 The contention of learned senior counsel for the petitioner is that the mobile was not recovered from the possession of the petitioner and false seizure list was prepared. It is submitted that had it been recovered from the possession of the petitioner, he would have been arrested by the police then and there, which was not done. It is stated that the petitioner has no criminal antecedent. Considering the above facts and circumstances of the case, the application is disposed of with direction to the petitioner to appear before the court concerned within four weeks from today and upon his so appearance the court concerned is directed to allow the petitioner on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to its satisfaction in connection with Patliputra P.S. Case No.186 of 2009. Arvind/ ( J. N. Singh, J.)