IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1908 of 2009 RASHID AKHTAR @ RASHID KHAN, son of late Moinuddin, resident of Badi Khagaul, P.S. Khagaul, Dist. Patna---------------petitioner Versus THE STATE OF BIHAR-----------------opp.party ----------- 2. 24.4.2009 Heard learned counsel for the petitioner and learned Additional P.P. for the State. The petitioner prays for anticipatory bail in a case under Sections 457/380 of the IPC. Learned counsel for the petitioner submits that the allegation in the FIR is of theft of certain articles stolen from the office of irrigation investigation institution, Khagaul and on the basis of the alleged confession of one co-accused kabari shop of the petitioner was raided and certain articles were seized. It is submitted that the petitioner was not present in the shop at the time of search and his brother Md.Nawab who was present and had signed the seizure list has been granted bail by learned Additional Sessions Judge Xth, Patna by order dated 20.9.2008 in which it is clearly recorded that the articles seized by the police did not tally with the articles mentioned in the FIR. 2 On a consideration of the entire facts and circumstances of the case, the petitioner Rashid Akhtar @ Rashid Khan, in the event of his arrest/surrender in the court below shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Fulwari P.S.case no. 348 of 2008 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ramesh Kumar Datta,J.) spal/