IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49979 of 2008 NITESH KUMAR Versus STATE OF BIHAR ----------- 2. 12.12.2008 Heard Mr. Saurabh Kumar, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The case is under section 392 of the Indian Penal Code. The petitioner is not named in the F.I.R. and is in custody since 15.12.2007 merely because the informant named the petitioner in paragraph-85 of the case diary. There is no recovery of the theft property. The contention is that if the petitioner was identified by the informant, there was no hurdle in putting the name of the petitioner in the F.I.R. Let petitioner named above 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 Sri Habibullah, Judicial Magistrate, Patna, in connection with S.K. Puri P.S. case no.198 of 2007. sudip ( Dharnidhar Jha,J )