IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15609 of 2009 BEHARI KUMAR YADAV Versus STATE OF BIHAR ----------- 02/ 21.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under sections 414 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that although the allegation is that two persons, including the petitioner were caught on the Railway Platform with an attache which was presumed to be a stolen one but there is absolutely no report of any theft of the said attache. Learned counsel for the petitioner further submits that he was standing on Platform No.5 to catch the Patliputra Express but since he was not having ticket he was arrested by the police but subsequently he was also implicated in the instant case. Learned counsel for the petitioner also avers that he has got no criminal antecedent but in spite of that he is in custody since 14.11.2008. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let the petitioner, namely Behari Kumar Yadav shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Patna in connection with Patna G.R.P. Case No. 320 of 2008. harish/ ( S.N.Hussain, J)