IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44128 of 2009 SHARWAN SAH S/O LATE BIPAT SAH R/O VILL.- RASALPUR DHARHA, P.S.- ROSERA, DISTT.- SAMASTIPUR.......................................................................................Petitioner. Versus THE STATE OF BIHAR ...........................................................................Opposite Party. ----------- 02. 18.12.2009. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in Samastipur Rail (G.R.P. SPJ) P.S. Case No. 51 of 2009 for offence punishable under Sections 395 and 397 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the petitioner has been roped in the present case by reason of a Mobile Phone said to have been snatched during the course of dacoity from one of the passengers. Learned counsel submits that the person who was apprehended, namely, Chandan Yadav named seven persons as his associates but he has not named this petitioner as his associate. Learned counsel submits that one of the said persons had brought the Cell Phone which had been snatched by the accused persons for repairing and it is for said reason that this petitioner has been involved in the present case. Learned counsel submits that under similar circumstances two other persons namely, Niranjan Kumar @ Munna in Cr. Misc. No. 41493 of 2009 and Ramesh Prasad Karn in Cr. Misc. no. 41557 of 2009 have been granted bail by this Court vide order passed on 20.11.2009. Learned counsel submits that even in absence of any recovery or T.I. Parade he is in custody. 2 Having regard to the circumstances set forth, let the petitioner Sharwan Sah 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 the Railway Judicial Magistrate, Samastipur in connection with Samastipur Rail (G.R.P. SPJ) P.S. Case No. 51 of 2009. U.K. (Jyoti Saran,J)