IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15226 of 2011 Kanhaiya Jha Versus The State Of Bihar ----------- 3 28-07-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is not named in the first information report but in course of investigation, one Shamser Alam was apprehended and one mobile set was recovered from his conscious possession. The aforesaid Shamser Alam disclosed that he had purchased the said mobile set from the petitioner and after that, the house of the petitioner was searched and perhaps two or three mobile sets were recovered. The contention of learned counsel for the petitioner is that even if the aforesaid recovery assumed to be true, then also at best section-412 of the Indian Penal Code is attracted against the petitioner because uptill now, he has not been put on TIP and there is nothing in the entire case diary to show this fact that the petitioner had participated in the alleged dacoity. It is further contended by him that other co-accused persons have already been granted privilege of bail. On the otherhand, learned Additional Public Prosecutor referred paragraph-138 of the case diary and submitted that the petitioner carries criminal antecedent. Considering the aforesaid facts and circumstances of 2 the case as well as submissions of the parties coupled with the period of detention in judicial custody, the petitioner, namely Kanhaiya Jha 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 Khagaria Rail P.S. Case No. 49 of 2009 to the satisfaction of Railway Judicial Magistrate, Khagaria. AKV/- ( Hemant Kumar Srivastava,J.)