IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18867 of 2010 MD.SHAHJAHAN, S/o- Late Mahfooz Alam of village- Sisouna P.S.- Jokihat, District-Araria Versus STATE OF BIHAR ----------- 3 21.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Araria P.S. Case No. 418 of 2009 for offences punishable under Sections 399, 402 of the Indian Penal Code. Learned counsel for the petitioner submits that no case either under Sections 399 or 402 is made out against the petitioner. He submits that a perusal of the allegation as set out in the F.I.R. shows that the petitioner along with others have been alleged of being apprehended while looting a truck. Learned counsel submits that neither there is any F.I.R. by the truck driver nor there is any complaint regarding any looted material. He further submits that for the recovery of the arms, in question a separate criminal case has been lodged against the petitioner and in which the petitioner has filed a bail application separately. Learned counsel submits that 2 except the cases arising from the present case the petitioner is not involved in any other criminal case. It is submitted that the petitioner is in custody since 11.9.2009 Having regard to the submissions aforesaid, let the petitioner namely, Md. Shahjahan be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No.418 of 2009. Bibhash ( Jyoti Saran, J.)