IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11374 of 2009 MD.SHAMSHER @ MUNNA KHAN, SON OF SHAKIL KHAN, RESIDENT OF MOH.-RAILWAY QUARTER NO.36, P.S. DELHA, DISTRICT- GAYA………………………………………………………………..PETITIONER. Versus THE STATE OF BIHAR……………………………………..OPPOSITE PARTY. ----------- For the Petitioner : M/s. S. Alamdar Hussain and S. Asghar Najmi, Advocates. For the State : Mr. S.M. Rahman, A.P.P. ---------- 2. 14.5.2009. Md. Shamsher @ Munna Khan, the sole F.I.R. named accused of Gaya Rail P.S. Case No.5 of 2009 registered under Sections 420 and 384 I.P.C., is in custody since 16.1.2009. The allegation against the petitioner is of wearing Military coloured dress and being in an inebriated condition took away his bag. It is also said that when he was apprehended with the bag, he disclosed his name and the bag was said to have been recovered from his possession. However, from the seizure list, it appears that the bag was recovered from the possession of one Damodar Choudhary who has not even been named in the F.I.R. From the aforesaid situation and from perusal of the F.I.R. as also the seizure list, it does not appear that the petitioner can be fastened with any of the offences alleged. In the facts and the circumstances of the case, the petitioner, Md. Shamsher @ Munna Khan, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Railway Judicial Magistrate, Gaya, in connection with Gaya Rail P.S. Case No.5 of 2009. P.S. (Abhijit Sinha,J)