IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.33359 OF 2009 MUKESH KUMAR, SON OF ANANDI PODDAR, RESIDENT OF VILLAGE CHUKATI, WARD NO.13, POLICE STATION MANSI, DISTRICT KHAGARIA VERSUS STATE OF BIHAR ----------- 2. 27.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under section 394 of the Indian Penal Code which was instituted in respect of theft of mobile and some cash. It is said that one Milan Kumar made confessional statement before the police in which he has named three accused persons and not the petitioner. From the order of the learned Sessions Judge it appears that on being pointed out by the petitioner, a mobile was recovered from the shop of Rahul Kumar. It is submitted by learned counsel for the petitioner that said Milan Kumar has been allowed bail by a Bench of this Court by order dated 31.08.2009 passed in Cr. Misc. No.22603 of 2009. Petitioner is in custody since 14.06.2009 and it is said that he has no criminal antecedent at all. - 2 - Considering the fact that this is the first offence of the petitioner, this application is allowed. Let petitioner (Mukesh Kumar) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Khagaria/Mansi in Khagaria/Mansi Rail P.S. Case No.16/2009, G.R. (R) No.32/2009 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.)