IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41509 of 2009 SURENDRA PASWAN @ SHASHI SON OF LATE VIDESHI PASWAN RESIDENT OF NEW DILIYA P.S. DEHRI NAGAR, DISTT. ROHTAS. ----PETITIONER. Versus STATE OF BIHAR ----------- 2. 03/12/2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Sections 379 and 411 of the Indian Penal Code. As per the prosecution case, petitioner was apprehended with stolen attaichi. Learned counsel for the petitioner submits that due to similarity in look, by mistake the petitioner lifted the attaichi of other co-passenger and got down from the train but he was apprehended. He submits that it was, in fact, case of mistaken identity of the article and not intentional theft. It is said that petitioner has no criminal antecedent and he is in judicial custody since 25.8.2009 Considering the fact that it is the first offence of the petitioner, this application is allowed. Let petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Gaya, in connection with Sasasaram (Dehri) G.R.P. Case No. 41 of 2009 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be 2 applicable and also that one of the bailors shall be a close 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 petitioners and take steps for his arrest. S.Ali (J.N. Singh, J.)