IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38698 of 2009 KRISHNA SINGH @ KRISHNA KUMAR, son of Lallu Singh, resident of village- Basantpur, P.S. Sasaram(M), District- Rohtas …………. Petitioner Versus THE STATE OF BIHAR ………… Opp.Party ----------- 2. 20/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under sections 384, 386, 414, 120(B) read with 34 of the Indian Penal Code. Petitioner happens to be a Betel shop owner from whose shop one packet of sweets was recovered which is said to be containing Rs.15,000/-, four empty sim cards and a mobile set. Learned counsel for the petitioner submits that the person who had brought the said packet to the shop of the petitioner had at first gone to visit his relative in the jail but the time of meeting having expired, he could not meet him and thereafter he came to his shop. He talked to his relative in the jail and made this petitioner also talk to him and requested him to keep the packet of sweets, which the person in jail told that he would get picked up later on. Therefore, with all bonafide and without knowing - 2 - the contents of the packet, petitioner kept the same in his shop. However, police recovered the said packet from which articles as aforesaid were recovered. He submits that petitioner had no knowledge about the contents of the packet and with all bonafide he had kept it on the instructions of the person inside the jail, who had assured petitioner that he would soon get it collected. Petitioner is in custody since 27.4.2009 and it is said that he has absolutely no criminal antecedents. It is also said that in similar circumstances, one person has been allowed bail by this Court by order dated 30.10.2009 passed in Cr.Misc.No.21384 of 2009. Considering the above facts and circumstances, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas (Sasaram) in Sasaram (M) P.S.Case No.289 of 2009 with conditions as laid down in Sub- Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close - 3 - relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Pradeep/ (J. N. Singh, J.)