IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43200 of 2010 SUDAMA TIWARI Versus THE STATE OF BIHAR ----------- 2 26.03.2011 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under sections 395/412 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation is that some unknown miscreants looted away cash of the driver and other belongings of the truck, but due to arrival of the police they fled away leaving the Indica Car which they had used for that purpose. He further submits that although the petitioner is neither named in the FIR nor any material is there to show his participation or presence at the place of occurrence, but since the petitioner is the owner of the car used by the miscreants, he has been made an accused in the instant case. He also submits that in fact the petitioner’s car was stolen by some miscreants, for which he had lodged a case before police. He also avers that the petitioner has got no criminal 2 antecedent and his implication in the present case is absolutely frivolous. Considering the aforesaid facts and circumstances, this petition for anticipatory bail is allowed. In the event of arrest or surrender within fifteen days from the date of receipt/ production of a copy of this order in the court below, the petitioner, namely, Sudama Tiwari is directed to be enlarged on bail on executing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bhabhua in connection with Kudra P.S. Case No.123 of 2009, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure. PN (S.N. Hussain,J.)