IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34341 of 2009 JITENDRA SAH, S/o Late Shankar Sah, R/o Village – Raxaul, P.S. Raxaul, Distt. Motihari, East Champaran ……………………………. Petitioner Versus THE STATE OF BIHAR ……………………………..….. Opposite Party. ----------- For the Petitoner:- Mr. Vijay Shankar Shrivastava, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. ----------- 2. 14.10.2009. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner has been made accused in a case registered under Sections 457, 380 and 411 of the Indian Penal Code. It is submitted on behalf of the petitioner that from the F.I.R. it is manifest that no theft has been committed by the petitioner as Rs. 41,000/-, which was kept by the informant in the shop, was not recovered from the possession of the petitioner. It is further submitted that petitioner is in judicial custody since 02.05.2009. It is also submitted by the learned counsel for the petitioner that the petitioner has clean antecedent. However, this fact has not been mentioned in the petition by mistake. Learned counsel for the State submitted that the petitioner was caught from inside the shop itself. 2 However, it appears that when the petitioner sensed that he could be caught red handed, he kept back the aforesaid money at the counter of the shop. Having regard to the facts and circumstances of the case, I direct the petitioner, Jitendra Sah to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Singh, Judicial Magistrate 1st Class, Bhagalpur in connection with Kotwali P.S. Case No. 254/09, corresponding to G.R. No. 1326/09. dk ( Dr. Ravi Ranjan, J. )