IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21103 of 2009 VINAY KUMAR S/o late Kamdeo Rai resident of Village Chandpur PS Chandi Dist. Nalanda Petitioner Versus STATE OF BIHAR Opposite party ---------- 5 24.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner is made accused in connection with Harnaut (Gokhulpur) P.S. Case No. 44/09 for the offence punishable under Section 392 of the Indian Penal Code. Substance of allegation as set out in the F.I.R is that while the informant was coming back on the motorcycle , it is alleged that four persons surrounded him and removed him of the possession of mobile, pass book, cash etc. It is alleged that one of the sim cards which was removed from the possession of the informant bearing no. 9934211667 was being used in the mobile owned by this petitioner. Learned counsel for the petitioner submits that nothing was recovered from his possession and the sim card said to have been snatched and is being used in the mobile in his possession belongs to his brother. It is further submitted that save and except of the sim card there is no allegation that regarding any recovery of any other incriminating article. Learned counsel further submits that he has clean antecedent and he has never been involved in any case and he has been custody since 15.4.2009. Considering the facts that as per report submitted by the - 2 - police, the petitioner has clean antecedent, let the petitioner, Vinay Kumar be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut (Gokhulpur) P.S. Case No.44/09 subject to the following conditions that (i) the petitioner would be attending the court below on each and every date fixed and failure on his part to attend the court on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below would grant liberty to the court below to initiate proceeding for cancellation of his bail bond and for taking him into custody (ii) if this petitioner is found involved in any subsequent case, in that condition also the learned court below would be at liberty to cancel his bail bond and to take him into custody. shahid (Jyoti Saran, J. )