IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23427 of 2009 KANHAIYA PRASAD Versus STATE OF BIHAR ----------- 3 15.10.2009 Rahman/- Heard learned counsel for the petitioner and the State. Offences alleged are under sections 346, 386, 364 A, 120 B/34 of the Indian Penal Code. Counsel for the petitioner submits that petitioner has been implicated in this case merely on suspicion for having used sim card of the mobile. It is submitted that the sim card bearing mobile number in question was lost for which the petitioner had reported to the police. It is further submitted that the victim boy has not named the petitioner in his statement recorded under sections 164 and 161 Cr.P.C. It is further submitted that during the investigation no overt act is alleged against the petitioner save and except the suspicion that the mobile number in question which was used belonged to the petitioner. The petitioner is in custody since 18.3.2009 but he has not been put on T.I.P. till date. The petitioner has no criminal antecedent. Learned A.P.P. opposed the bail application referring to the cased diary that by the said mobile number the conversation was made. Considering the facts and circumstances of the case let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Siwan in connection with Guthani P.S. case no. 08 of 2008. (Shailesh Kumar Sinha, J) - 2 - M.Rahman