IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16437 of 2008 MANSUR MIYA Versus STATE OF BIHAR ----------- 02. 05.05.2008 This is an application for the grant of regular bail in a case under section 379 of the Indian Penal Code. Informant Kusheshwar Sharma along with his family was traveling in Amritsar Express and during that course his bag and attaché containing money, clothes, mobile etc. were stolen away. The case was registered against unknown. During the course of investigation, on the basis of print out of the stolen mobile the petitioner was found using the same and therefore, the petitioner was arrested with the said mobile. Learned lawyer for the petitioner submits that the occurrence is said to have taken place on 9th October, 2006 whereas the FIR was lodged on 5th November, 2006. He submits that the stolen mobile was not put on TIP. He submits that as a matter of fact the petitioner is a Khalasi and the said mobile was given to him by the owner. He submits that petitioner has got no criminal antecedent. He therefore submits that petitioner who is in custody from 29th January, 2008 be released on bail. Learned State counsel submits that the stolen mobile was recovered from the possession of the petitioner. Considering the submissions made, petitioner Mansur Miya is directed to be released on bail on furnishing bail bond of Rs.10, 000/- with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Ara in Buxar Rail P S Case No. 49 of 2006. rkp (Anwar Ahmad, J) - 2 -