IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37781 of 2009 1. HARSHIT DAS SON OF SRI CHARAN DAS, RESIDENT OF VILL. KAUAHA, P.S. BASOPATTI,DISTRICT MADHUBANI Versus STATE OF BIHAR. ----------- 02 27.11.2009 Heard both sides. Sole petitioner seeks anticipatory bail in a case instituted under diverse Sections of the Penal Code including Section 406 of the Penal Code. The petitioner is not named in the F.I.R. As per prosecution case, the vehicle which was lying in the garage for repair was taken on hire basis by some unknown persons. The driver of the informant was then driving the vehicle. The vehicle has not been recovered thereafter. The informant has therefore lodged a case against the garage owner as well as his driver. From a bare perusal of the F.I.R., it appears that initially call was made by the garage owner namely, Md. Nazim. Learned counsel for the petitioner submits that the mobile belonging to the petitioner was earlier lost for which necessary information was given to the police station. In the facts and circumstances of the case, this Court is inclined to extend the privilege of anticipatory bail to the petitioner. In the event of arrest or surrender before the Court below within a period of four weeks from today, petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like 2 amount each to the satisfaction of the CJM, Darbhanga in connection with Darbhanga Sadar P.S. Case no. 141 of 2009, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. This order is subject to further condition that in the event charges are framed against the petitioner he shall appear in person before the Court below on the date(s) fixed at the trial. In case of default on two consecutive dates, the trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)