IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4828 of 2010 MUKESH KUMAR @ KARU, son of Mahesh Prasad, resident of village Krishna Colony, Bus Stand Rajgir, P.S. Rajgir, District Nalanda ….. Petitioner Versus STATE OF BIHAR … Opposite Party ----------- For the petitioner : Mr. S.K.Bhartee, Advocate For the S t a t e : Mr. Nawal Kishore Prasad, A.P.P. ---- 2 05.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 414/34 of the Indian Penal Code . As per the allegation set up in the first information report, the police party found that three persons were loading certain articles in the Maruti van and seeing the police party they fled away. However, three persons were found sitting inside the Maruti van. From the Maruti van, 40 Kg. aluminium wire had been recovered. Learned counsel for the petitioner submits that petitioner was merely driver of the Maruti van which was hired by other accused persons and the - 2 - mobile phone recovered from the possession of the petitioner belongs to him. It is also contended that no criminal case was lodged against the petitioner prior to lodging of this first information report. However, subsequently the petitioner has been remanded in two other cases also. Petitioner is stated to be in custody since 26.9.2009. It is submitted that only on the basis of the alleged recovery from the vehicle and alleged self incriminating statement of the petitioner before the police, he has been implicated in this case. In the facts and the circumstances of the case, the petitioner, MUKESH KUMAR @ KARU, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rajgir P.S. Case No. 216 of 2009, with a further condition that one of the bailors of the petitioner must be one of the parents. - 3 - If, after his release in this case, the petitioner is again found implicated in similar case, then the concerned court would be at liberty to take steps for cancellation of his bail bonds. Spd/ (Dr. Ravi Ranjan, J.)