IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41070 of 2009 Bechan Sharma, Son of Fani Sharma, Resident of Village Baijnathpur, P.S. Sour Bazar, District Saharsa. --------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 2 30.11.2009 Heard learned counsel for the petitioner and counsel for the State. The petitioner faces prosecution for an offence under Sections 399/402 of the Indian Penal Code. Learned counsel for the petitioner would submit that not only the petitioner is a driver by profession which would stand supported from the copy of the valid driving licence annexed as Annexure-2 to this bail application but also the petitioner has got no criminal antecedent. Counsel for the petitioner would further submit that the petitioner has been implicated in this case on mere suspicion and the whole case seems to be one framed by the police, inasmuch as, there is also no recovery of any weapon which was allegedly thrown in the paddy field filled with water. Considering the aforementioned facts specially the fact that the petitioner has got 2 no criminal antecedent and that he is a driver by profession and thus has every reason to be with the vehicle (Bolero) in question belonging to his master, the owner of the vehicle, namely, Amrendra Narayan Singh who too has accepted this fact of the petitioner being an employee under him, this Court would direct for release of the petitioner, namely, Bechan Sharma on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 251 of 2009 in G.R. No. 1566 of 2009, subject to the condition that one of the bailors must be a close family relative preferably either of the parents or the wife of the petitioner. Rsh (Mihir Kumar Jha, J.)