IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21218 of 2011 Barun Kumar @ Barunwa Versus The State Of Bihar ---------------------------------- 3 24-10-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 09-12-2010 in connection with Bihta P.S. Case No. 352 of 2010 registered under Sections- 394 & 411 of the Indian Penal Code. Petitioner is not named in the first information report and it is stated that he was caught with stolen motorcycle. The informant came to know about the name of the petitioner on the basis of conversation of the culprits and so far as the recovery of stolen motorcycle is concerned, paragraph- 16 of the case diary reveals that the aforesaid recovery was made on 09-12-2010 whereas in the aforesaid paragraph, it has been incorporated by the I.O. that the petitioner disclosed that he had snatched the aforesaid motorcycle in previous night. Admittedly, the alleged occurrence took place on 08- 12-2010 but no seizure list is available in the case diary. Furthermore, I find that except the present case, the petitioner does not have any criminal antecedent which is evident from the report of Senior S.P., Patna dated 26-08-2010. Accordingly, the petitioner, namely, Barun Kumar @ Barunwa 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 in connection with Bihta P.S. Case No. 352 of 2010 to the satisfaction of Sri S.C. Sharma, Judicial Magistrate- Ist Class, Danapur. AKV/- (Hemant Kumar Srivastava,J.)