IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39801 of 2009 HAZARI SINGH, son of Jagjiwan Singh, resident of village Pilapurr, P.S. Nawanagar, District Buxar Versus STATE OF BIHAR ----------- 2. 19.11.2009 Heard counsel for the petitioner and the counsel for the State. The prayer for bail of the petitioner for offence u/ss 392/411 of the Indian Penal Code is sought to be pressed on the ground that the petitioner was not named in the F.I.R. and in fact his complicity has emerged only in course of investigation by way of recovery of the mobile phone of the informant which was looted alongwith his motorcycle. Mr. Bikramdeo Singh, learned counsel for the petitioner, would submit that true it is that such recovery of mobile was made from the petitioner after almost 7 months of the occurrence but then the petitioner has found it on road and thereafter had started using it after removing the original Sim. Counsel would also submit that the petitioner has got no criminal antecedent and has been sufficiently punished for his greed in 2 preserving the mobile which ought to have handed over to the nearest Police Station. Considering the aforementioned facts particularly that the petitioner has got no criminal antecedent and has remained in custody for a period over four months, this Court would direct for release of the abovenamed petitioner on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Simri P.S.Case No. 36/2009 with a condition that not only one of his bailors would be a close relative but also that if now the petitioner is found to be again involved in any offence of this nature his present bail shall also stand cancelled. It goes without saying that the petitioner will appear in course of trial and his absence on two consecutive dates will make him liable for cancellation of his bail. (Mihir Kumar Jha,J.) Surendra/ 3