IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28844 of 2009 KRISHNA RAI, SON OF MANNAN RAI, RESIDENT OF VILLAGE – BASAWA TOLA NUGARI, P.S. BASANTPUR, DISTT. SIWAN. ------PETITIONER. Versus STATE OF BIHAR ----------- 3. 14/10/2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in a case arising out of Daraundha P.S. Case No. 39 of 2009 for offence punishable under Section 392 of the Indian Penal Code. Substance of allegation as against the accused persons is of looting Splendor Motorcycle bearing registration No. BP04C-2163 from the informant Sanjay Kumar Singh. The said Motorcycle was subsequently recovered from the possession of one Nagendra Rai. Learned counsel for the petitioner submits that there is absolutely no evidence against him save and except the statement of co-accused and that he has a clean antecedent. It is further submitted that except for the said statement, neither any item has been recovered from his personal possession or his house and the petitioner on the basis of the said statement is in custody since 29.3.2009. Having regard to the facts and circumstances of the case, let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two 2 sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan, in connection with Daraundha P.S. Case No. 39 of 2009 subject to the condition that the petitioner would receive the police paper without causing any delay and that he would attend the court below on each and every date fixed and the failure on his part to attend the court on two consecutive dates would give liberty to the court below to institute proceeding for cancellation of his bail and for taking him into custody. S. Ali (Jyoti Saran, J.)