IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26338 of 2010 MOTILAL PASWAN Versus STATE OF BIHAR ----------- 02/ 04.08.2010 Heard learned counsel appearing on behalf of the petitioner and the State. The petitioner is in custody in connection with Bihta P.S. Case No. 314 of 2009 for offence punishable under Sections 461, 379 and 411of the Indian Penal Code. The allegation against the petitioner and other unknown accused person is of committing theft in the temple and stealing Astha Dhatu idols of Radha-Krishna and Sita-Ram of more than 75 years old. Learned counsel for the petitioner submits that though the alleged recovery of the idols was from the house of one Vijay Paswan but the Police wrongfully arrested the petitioner merely on grounds of his presence in the said house. He thus submits that on mere presence of this petitioner in the house of Vijay Paswan, the petitioner was arrested on 10.03.2010 and has remained in custody since then. Having regard to the circumstances and the submissions of learned counsel, let the petitioner Motilal Paswan be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, 2 Danapur in connection with Bihta P.S. Case No. 314 of 2009 subject to the conditions, that father/mother of the petitioner would stand as one of the bailors and who would be under a duty to inform the court below in case this petitioner, after his release in the present case, is named or found involved in any further case of similar nature and whereupon the court below shall be at liberty to cancel the bail bond of this petitioner on grounds of misuse. S.Sb/- (Jyoti Saran, J.)