IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47970 of 2008 MANTUN SAH @ MANTUN KUMAR SAH @ MANTU KUMAR SAH Versus STATE OF BIHAR ----------- 2. 02.12.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 379, 461 of the Penal Code. The F.I.R. is against unknown for theft of an idol from the temple weighing approximately 20-25 kg. The petitioner has been named on suspicion as he is alleged to have been seen near the temple. The submission is that the temple is a public place where several people go. The court below noticed the submission of the Public Prosecutor of the complicity of the petitioner in the crime had come to light. The nature of complicity of the petitioner that came to light has not been discussed. Certain paragraphs of the case diary has been referred, to conclude the involvement of the petitioner having come to light. What was the nature of the materials were to suggest the involvement of the petitioner has not been discussed. This Court in the nature of the order passed by the court below comes to the conclusion of there being no positive material against him as to refuse the prayer for anticipatory bail. Had the position been otherwise, the impugned order would have made proper and adequate incorporation of the same. 2 For the reason and the nature of the order passed, the liberty of the citizen being affected, let the petitioner, abovenamed surrender in the court below within a period of four weeks from today, when he shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Dalsingsarai in Vidyapatinagar P.S. case No.83 of 2008, subject to the conditions laid down under Section 438(2) Cr.P.C. Let a copy of this order be placed before the District & Sessions Judge, Samastipur. AKS/ (Navin Sinha, J.)