IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17458 of 2008 NEEL KAMAL PATEL Versus STATE OF BIHAR ----------- 2 9.5.2008 Heard the learned counsel for the petitioner as also the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Sheikhpura P.S.Case No.228 of 2007 registered under Section-392 I.P.C to which Section-395 I.P.C. was added subsequently, and has prayed for anticipatory bail. It appears that the name of the petitioner has cropped up during the course of investigation from the confessional statement of apprehended co-accused and on the basis of search being made in the room of the petitioner, one L.G. Mobile set was recovered which after due enquiry, as per report of the Investigating Officer contained in Annexure-3, disclosed that the Mobile set was not an article of theft. It further appears that the investigation is still going on. In the facts and circumstances of the case, it is a fit case for regular bail and the petitioner is directed to approach the court below for regular bail and in the event of such prayer being made, the learned court below will consider the case of the petitioner with sympathy taking into consideration that the item recovered from his room on the basis of confessional statement of an apprehended accused was not a property of theft and that he had been implicated on the confessional statement of the co-accused. - 2 - With the aforesaid observation, this application is disposed of . ( Abhijit Sinha,J) NKS/-