IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23892 of 2011 Ashok Choudhary, S/O-Hari Choudhary Versus The State Of Bihar ----------- 02 02.08.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 05.02.2011 in a case registered under Section 379 of the Indian Penal Code. Petitioner is not named in the first information report but he was remanded in the present case from Sultanganj P.S. Case No. 219 of 2010 on the ground that he along with two others were caught with stolen motorcycle in the above stated case. Learned counsel for the petitioner drew my attention towards this fact that according to first information report, silver coloured motorcycle was stolen in the present case whereas blue coloured motorcycle was recovered in the above stated Sultanganj P.S. Case No. 219 of 2010. It is also pointed out by him that the alleged recovery has not been made from conscious possession of the petitioner which is evident from Annexure-2 to this petition. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur P.S. Case No. 99 of 2010. SHAHZAD ( Hemant Kumar Srivastava, J.) 2