IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26737 of 2011 Digwijay Singh son of Kapil Deo Singh Luthi Singh, resident of Village-Lawapur, P.S.-Mahnar, District-Vaishali. .......Petitioner Versus The State Of Bihar. ....Opposite Party ---------------------------------- 03 12.10.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks bail in connection with Mahnar P.S. Case No. 109 of 2011 for the offence punishable under section 379 of the Indian Penal Code. Learned counsel appearing on behalf of petitioner submits that petitioner is neither arrested on the spot nor the alleged stolen motorcycle has been recovered from his possession and he is languishing in custody since 25.06.2011. He further submits that while co-accused Rajesh Kumar Rai has confessed the name of petitioner but nothing has been recovered by the police and co- accused Rajesh Kumar Rai has been allowed bail by a Bench of this Court on 21.09.2011 vide Criminal Miscellaneous No. 31052 of 2011. From the perusal of First Information Report, it appears that petitioner and other two accused namely, Rajesh Kumar Rai and Jimdar Das have been named with allegation to take away the motorcycle of the informant. The impugned order goes to show that co-accused Rajesh Kumar Rai on arrest has confessed before the police about carrying the motorcycle with the name of petitioner. 2 Having regard to the facts and circumstances of this case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Hazipur at Vaishali in connection with Mahnar P.S. Case No. 109 of 2011, out of two sureties, one surety must be a parent or close relative of the petitioner. Safik (Rajendra Kumar Mishra, J.)