IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.25459 OF 2009 RAMESH KUMAR @ SADHU @ SATYENDRA, SON OF SRI BHAGWAN RAI, RESIDENT OF VILLAGE PHARITPUR, P.S. JANIPUR, DISTRICT PATNA VERSUS STATE OF BIHAR ----------- 4. 06.11.2009 Heard learned senior counsel for the petitioner and learned counsel for the State. The case is under Section 392 of the Indian Penal Code. The case is of snatching of a motor-cycle by four unknown criminals. Petitioner’s name got implicated in the case when three persons after more than three months claimed to have seen petitioner riding on the snatched motor-cycle. Learned senior counsel for the petitioner submits that the motor-cycle has not yet been recovered and, therefore, statement of the witnesses surfacing after more than three months is only a cooked up story. Case diary was called for and from the case diary it appears that there are four cases against petitioner from before out of which in two cases under Section 307 of the I.P.C. petitioner is not a named accused in the F.I.R, and in one case under the provisions of Scheduled Castes & Scheduled Tribes (Prevention - 2 - of Atrocities) Act, he is an F.I.R. accused and in one case under Section 302 of the I.P.C. he is said to be a suspect only. Learned senior counsel for the petitioner submits that none of the cases is the nature of the present case and case under Section 307 of the I.P.C. is only on account of the family dispute. He submits that in a case under Section 302 of the I.P.C., there is no material against petitioner and only suspicion has been raised against him. He submits that, in substance, petitioner is only an accused in a case under the provisions of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. Petitioner is in custody since 2.2.2009. Considering the above facts and circumstances and also the fact that the motor- cycle has not been recovered even after statements of said three witnesses, the application is allowed. Let petitioner (Ramesh Kumar @ Sadhu @ Satyendra) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like - 3 - amount each to the satisfaction of Sri Dasrath Mishra, Judicial Magistrate, Ist Class, Patna in Janipur P.S. Case No.395/08 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be 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 petitioner and take steps for his arrest. B.T (J.N. Singh, J.)