IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36834 of 2009 AWAISH @ MD. AWAISH ALAM @ MD. AWAISH Versus STATE OF BIHAR ----------- 02 15.10.2009 Heard both sides. Sole petitioner seeks regular bail in a case instituted under Sections 379/34 of the Penal Code. Allegation as per F.I.R. is that the petitioner with the help and assistance of other miscreants had committed theft of a transformer. Learned counsel for the petitioner submits that admittedly no recovery of the stolen article has been made from the possession of the petitioner. He has been named on the strength of an application filed by some of the co-villagers. It is next contended that in fact the petitioner was apprehended at the railway crossing on account of exchange of hot words between the petitioner and the Junior Engineer. It is further submitted that for the said occurrence the own ‘Bhabhi’ of the petitioner had already lodged a complaint case bearing no. 2323 C of 2009. Referring to paragraph no.19 of the bail application, it is submitted that petitioner has clean antecedent. It appears that petitioner is in custody since 04.08.2009. In the facts and circumstances of the case, petitioner, above named, is directed to be released on bail on furnishing bail 2 bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the CJM Araria in connection with Raniganj P.S. Case no. 168 of 2009, subject to the condition that one of the bailors should be the own/close family member of the petitioner. Sym/ (Kishore K. Mandal, J.)