IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24517 of 2009 SANTU PASWAN, SON OF SHADEO PASWAN, RESIDENT OF VILLAGE GHANGH SARAIYA, P.S. BAKHTIARPUR, DISTRICT PATNA Versus THE STATE OF BIHAR ----------- 2. 28.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Sections 379, 411, 413 read with Section 34 of the Indian Penal Code. Three persons including the petitioner were apprehended by the police carrying gunny bags on their heads. After opening gunny bags, 35 kgs of aluminum wire were recovered from each of them. From enquiry, petitioner and others informed the police party that they were carrying the same for loading on Tata Sumo which was parked at some distance and also offered the police party to accompany them. Thereafter the police party proceeded with petitioner and others and found a Tata Sumo vehicle parked. After seeing the police party, a person, who was standing by the side of Tata Sumo, fled away from the place of occurrence and three persons sitting inside the vehicle were arrested. Learned counsel for the petitioner submits that petitioner was just a labourer, who - 2 - was asked to carry the gunny bag and he did not know about contents of the bag. He also submits that in the first information report itself, main accused is shown as one Dhandhan Yadav, who is said to be involved in such type of crimes. Petitioner is in custody since 3.2.2009 and it is also stated that the petitioner has no criminal antecedent. Considering the above facts and circumstances, the application is allowed. Petitioner (Santu Paswan) is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bind P.S. Case No.13 of 2009. B.T (J.N. Singh, J.)