IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18925 of 2009 AMIT KUMAR, S/o Gajendra Prasad Yadav, R/o Village – Bhavtiya, P.S. Sour Bazar, Distt. – Saharsa ……………….. Petitioner Versus THE STATE OF BIHAR …………………..………… Opposite Party. ----------- For the Petitioner:- Mr. Chandra Mohan Jha, Advocate. For the State:- Mr. Manish Kumar Singh, A.P.P. ----------- 2. 27.05.2009. Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner has been made accused in Saharsa Sadar P.S. Case No. 185 of 2009 registered under Section 413 of the Indian Penal Code. The allegation against the petitioner is that the bicycle of the informant was recovered by the police from the room in which three persons including the petitioner were residing. Two of them fled away and the petitioner was apprehended by the police. Learned counsel for the petitioner submits that from the allegation of the F.I.R. the ingredients of Section 413 of the Indian Penal Code are not made out for the reason that nowhere it has been stated that the petitioner is habitually engaged in dealing with the stolen goods. Further submission is that three persons were 2 residing in the room and, therefore, the petitioner cannot be held specifically responsible for recovery of the stolen bicycle from that room. Petitioner is stated to be in jail custody since 18.04.2009. It is further submitted that the petitioner is a student of Intermediate of Arts. Further submission is that the matter has been compromised and in support of that the petitioner has brought on record two petitions including the compromise petition as Annexure-2 to this application. Considering the facts and circumstances of the case, the petitioner, namely, Amit Kumar is directed to be released on bail on his furnishing bond in the sum of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in Saharsa Sadar P.S. Case No. 185 of 2009, dated 16.4.2009. dk ( Dr. Ravi Ranjan, J. )