IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14419 of 2008 ARSAD @ ARSAD KHAN Versus THE STATE OF BIHAR ----------- 2 15.05.2008 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner Arsad @ Arsad Khan, who stands implicated in Buxar Rail P.S. Case No. 36 of 2007 registered under Sections 379/411 of the IPC, has been refused bail by Additional Sessions Judge, F.T.C.- II, Ara in B.P. No. 89 of 2008, on 4.3.2008. It has been submitted that petitioner is in custody since 3.1.2008. The Nokia Mobile is said to have been recovered from his possession. But, even in the confessional statement of co-accused Sahdeo Sharma it has been revealed that he has sold the said mobile to the petitioner. Moreover, the paper of the mobile so recovered from the possession of the petitioner does not tally with the mobile as stated in the FIR. It has been further submitted that neither T.I.P. has been held in respect of mobile nor any identification of this petitioner has been held in course of investigation. Moreover, there is no material to connect his involvement so far snatching of the mobile of the informant by the petitioner is concerned, for which he is in custody for about 4 -1/2 months. The petitioner has no criminal antecedent. In the facts and circumstances, the petitioner named above is admitted to bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 2 learned Judicial Magistrate, Railway, Ara, in connection with Buxar Rail P.S. Case No. 36 of 2007. Sanjeet (Subash Chandra Jha, J.)