IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5674 of 2009 AJAY KUMAR son of Ranjan Kumar, resident of North Sri Krishna Puri, near Shivanil Apartment, Boring Road, Police Station- Sri Krishna Puri, District Patna Versus STATE OF BIHAR ----------- 02/ 10.07.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 461/379 of the Indian Penal Code against unknown alleging theft of mobile and cash from the shop of the informant. It is submitted on behalf of the petitioner that having investigated the case, police submitted final form, which was accepted by the court below. Later, on the basis of further information, the police sought permission to reopen the investigation, which was allowed and during reinvestigation of the case, petitioner is sought to be arrested on the basis of the statement made by the co-accused of Kotwali P.S. Case No. 506 of 2007. It is further submitted that neither the co-accused of the present case nor the accused of Kotwali P.S. Case No. 506 of 2007 have implicated him in their confessional statement. Let the petitioner surrender in the court below within six weeks from today and thereafter the court below confirm as to whether the petitioner has been named by any of the co- accused either of the present case or Kotwali P.S. Case No. 506 2 of 2007 and if it is true that he has not been named by any of the co-accused of both the cases, then he be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 251 of 2007, subject to the conditions, as laid down under Section 438(2) Cr.P.C. It is made clear that if petitioner has been named by any of the co-accused, then the court below should pass appropriate orders in accordance with law. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Arjun/ ( V.N. Sinha, J.)