IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3228 of 2011 RAJESH KUMAR SINGH, SON OF LATE SITA RAM SINGH Versus THE STATE OF BIHAR ----------- 02 15.03.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. It appears from perusal of the First Information Report that one Siwan Town P.S. Case No. 268 of 2010, for the offence under Section 394 of the Indian Penal Code, was registered on the basis of statement of the petitioner but in course of investigation of the aforesaid case, it came to light that the so-called stolen money was misappropriated by the petitioner and on the basis of confessional statement of petitioner, the misappropriated money was recovered from the house of one Ganesh Kumar. The petitioner is languishing in jail custody since 10.11.2010 in connection with the present case. When Siwan Town P.S. Case No. 268 of 2010 had already been registered in respect of the alleged occurrence, I could not understand what was the need to institute a fresh case against the petitioner. Considering the aforesaid facts and circumstances, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 269 of 2010. It is made clear that the observations given in this order shall not affect the merit of Siwan Town P.S. Case No. 268 of 2010. Shahzad (Hemant Kumar Srivastava, J )