IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41981 of 2009 MD. MUKHTAR, son of Late Makbool Ali, resident of village Kumaripur (Meertola), P.S.- Manihari, District- Katihar ………. Petitioner Versus THE STATE OF BIHAR …….. Opp.Party ----------- 2. 04/12/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 414 read with 34 of the Indian Penal Code. A Hero Honda Splender Plus motorcycle was recovered and seized from the courtyard of the petitioner. Petitioner fairly disclosed that he along with Md.Jamal jointly use the motorcycle and the motorcycle belongs to co-accused Md.Jamal. From the dickey of the motorcycle, owner book of the motorcycle was recovered in the name of Md.Jamal. The same was verified from the concerned D.T.O. Office and it transpired that the vehicle was registered in the name of Md.Jamal. Learned counsel for the petitioner submits that the entire materials show that the motorcycle belongs to co-accused Md.Jamal and if it was stolen vehicle, Md.Jamal was squarely responsible for the same. Petitioner is in - 2 - custody since 14.10.2009 and it is said that he has no criminal antecedents. Considering the above facts and circumstances, this application is allowed. Let petitioner 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 Chief Judicial Magistrate, Katihar in Manihari P.S.Case No.136 of 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. Pradeep/ (J. N. Singh, J.)