IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34792 of 2008 RAJU PASWAN Versus STATE OF BIHAR ----------- 2 29.9.2008 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is in custody since 11.5.2008 in relation to Kurhni P. S. Case No. 314 of 2007 for the offence under section 414 of the Indian Penal Code. As per the F.I.R. one Balendra Sahni has been arrested by the police with regard to efforts made by them to sell stolen motorcycle. In so far as the present petitioner is concerned, he is supposed to have been named by said Balendra Sahni as part of his group or gang involved in such crime. Learned counsel for the petitioner submits that even on the face value and accepting the allegation then nothing has been recovered from his possession. Recovery is from Balendra Sahni and Sanjay Rai and in view of the evidence and materials against him the matter requires consideration by the Court. The position stated by the petitioner thus seems to be partially correct. The only reason why the petitioner is in custody because he has been named by co-accused. There is no recovery from his possession. In view of the above, let the petitioner, namely, Raju Paswan be released on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties - 2 - of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, (West) Muzaffarpur in connection with Kurhni P.S., Case No. 314 of 2007. One of the sureties will be executed by the father of the petitioner. RPS (Ajay Kumar Tripathi,J.)