IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22444 of 2011 Bharat Thakur & Anr. Versus The State Of Bihar ------ 02/ 26.07.2011 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are languishing in jail custody since 8.12.2010 in a case initially, registered under section 379 of the IPC but subsequently, it was converted under section 411 of the IPC. Petitioners were caught by the police while they were carrying stolen pumping set. Leaned counsel for the petitioners drew my attention towards this fact that FIR was lodged on 7.12.2010 at 9 a.m. whereas alleged recovery was made on 7.12.2010 at 4 a.m. It is further contended by him that, as a matter of fact, police official requested the petitioner to lift and keep the aforesaid pumping set on a rickshaw and when the petitioners refused to obey the command of the police official, they have been roped in this case. It is also contended by him that petitioners do not have any criminal antecedent. Considering the above stated facts and circumstances as well as submissions of the parties, let the petitioners, Bharat Thakur and Haricharan Ram, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Sri A.K. Manjhi, Judicial Magistrate, Ist Class, Muzaffarpur in Kanti P.S. Case no. 369/2010. shahid (Hemant Kumar Srivastava,J)