IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19127 of 2009 ANIL MISTRY son of Dasrath Mistry, resident of village- Kharanti, Police Station- Magadh University, Bodh-Gaya, District-Gaya Versus STATE OF BIHAR ----------- 03. 08.06.2009. Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is accused in a case under Section 392 of the Indian Penal Code. The allegation in Bodh-Gaya P. S. Case No. 149 of 2008 is that a camera and some money were snatched from one tourist in Bodh-Gaya. Recovery of a motor-cycle and three mobile phones have been made from the possession of the petitioner and seizure-list has been prepared which indicates that the seizure has been made in Bodh Gaya P. S. Case No. 149 of 2008 and Bodh Gaya P. S. Case No. 163 of 2008. Learned counsel submits that Bodh Gaya P. S. Case No. 163 of 2008 was filed for theft of a motor-cycle. As far as this case is concerned there is no allegation that lady in question was carrying a mobile phone when the theft was committed, and therefore it is submitted that the petitioner cannot be kept in custody in the present case. It is also submitted that the petitioner has filed an application in the court below for release of the seized motor-cycle on the ground that the same belongs to him. Considering the aforesaid facts, the petitioner is directed to be released on bail in connection with Bodh Gaya P.S. - 2 - Case No. 149 of 2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya. kanchan (Sheema Ali Khan, J.)