IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39778 of 2010 ROHIT KUMAR @ RAHUL S/o Ganesh Thakur, resident of village-Bishanpur, P.S.-Begusarai town, Dist.-Begusarai Versus STATE OF BIHAR ----------- 2. 14.12.2010. Heard Mr.Binod Kumar learned counsel for the petitioner and Mr.Ajit Kumar learned Additional Public Prosecutor appearing on behalf of the State. The petitioner, who is in custody in connection with Barauni Rail P.S. Case No.38 of 2010 for the offences under sections 379, 411 and 414/34 of the Indian Penal Code, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that from the possession of the petitioner stolen mobile of the informant was recovered and the petitioner is in custody since 2.7.2010. It was further submitted that immediately after the alleged occurrence two persons i.e. the petitioner and one Anand Kumar were apprehended. So far as co-accused Anand Kumar is concerned he has already been extended privilege of bail on 6.10.2010 vide Cr.Misc. No.36339 of 2010. Accordingly, it has been prayed to grant bail to the petitioner. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer of the petitioner for grant of bail. In view of the fact that co-accused, namely, Anand Kumar has been extended privilege of bail , let the petitioner, above 2 named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Barauni in connection with Barauni Rail P.S. Case No.38 of 2010 with a condition that if on similar allegation the petitioner is made accused at subsequent stage, his bail bond in the present case shall stand automatically cancelled. Md.S. ( Rakesh Kumar, J.)