IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15411 of 2009 KUSUM NARAIN YADAV @ KUSUM YADAV Versus THE STATE OF BIHAR ----------- 02/ 19.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offence punishable under section 380 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation of theft against the petitioner is absolutely false and frivolous as no incriminating article has been recovered from his possession. Learned counsel for the petitioner further submits that there is a case and counter case and the instant case has been lodged merely to save skin of the prosecution party, as they had severely assaulted the petitioner due to which he had to remain in hospital for about ten days. Learned counsel for the petitioner also states that on 23.02.2009 he was arrested but was hospitalised due to the severe injuries and after his release from the hospital on 03.03.2009 he was physically remanded. Learned counsel for the petitioner further states that he has got no criminal antecedent and the entire allegation is false and frivolous but he is in custody since several months. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let the petitioner, namely, Kusum Narain Yadav @ Kusum Yadav shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten 2 thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Bisfi P.S. Case No.26 of 2009 (G.R.No.362 of 2009). harish/ ( S.N.Hussain, J)