IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50105 of 2008 MD. JAMSHER, son of late Md. Muslim, resident of village – Surajgarha Mantola, P.S. Surajgarha, District - Lakhisarai Versus STATE OF BIHAR ----------- 3/ 06.02.2009 Heard. The petitioner’s name is not in the FIR which relates to theft of cable of telecommunication network of BSNL. It may appear from the rejection order passed by the Sessions Judge that for the recovery of the cable from the possession of the petitioner, a separate case vide Kharagpur P.S. Case no. 86 of 2007 was registered and in that case the petitioner was granted bail, as per the learned Sessions Judge’s order, on account of wrong appreciation of facts. The wrong appreciation of facts in that very case may not entail an order in which the petitioner could not have any hand. Rejection order does not indicate that the petitioner was found in possession of any property which could be the theft article of the present case i.e. Kharagpur P.S. Case no. 69 of 2007. In that view of the matter, let petitioner above named be released on bail on furnishing bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of J.M. Ist Class, Munger in G.R. No. 703 of 2007 (Kharagpur P.S. Case no. 69 of 2007). Anil/ (Dharnidhar Jha, J.)