IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29464 of 2009 MIRTUNJAY KUMAR Versus STATE OF BIHAR ----------- 4 04.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Deepnagar P.S. Case No. 77 of 2009 for the offence punishable under Section 392 of the Indian Penal Code. The petitioner has not been named in the F.I.R. but his name has been transpired on the basis of statement made by the co-accused who has stated to have disposed of the stolen articles with this petitioner and from whose shop one Nokia Mobile said to be belonging to one Aruni Yadav, was recovered. The said Aruni Yadav has identified his mobile. On the basis of the said recovery a case was instituted giving rise to Rahui (Wena) P.S. Case No. 118 of 2009. Learned counsel for the petitioner submits that by reason of the said recovery he has been roped in the present case also. He further submits that he is already in bail in Rahui(Wena) P.S. Case No. 118 of 2009 which had 2 been instituted for the alleged recovery. In the said circumstances, learned counsel for the petitioner prays for release the petitioner on bail on the ground that there is no other allegation against the petitioner and the complicity of the petitioner in the present case is only by reason of the said recovery. Having regard to the facts and circumstances of the case, let the petitioner, Mritunjay Kumar, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Sinha Judicial Magistrate, Ist Class, Biharsharif, Nalanda in connection with Deepnagar P.S. Case No. 77 of 2009, subject to the following conditions:- (a) One of the bailors would be his father who would clearly indicate his relationship with the petitioner. (b) That the petitioner would be attending the court below on each and every date fixed and failure on his part to attend the court on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below would 3 grant liberty to the court below to initiate proceedings for cancellation of his bail bond and for taking him into custody. (c) In case, the petitioner is found to be involved in any further criminal case in that event also the Court below would initiate proceeding for cancellation of his bail bond and for taking him into custody. Bibhash (Jyoti Saran, J. )