IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 18478 of 2009 Murari Kumar Sah, son of Priyabrat Prasad, resident of Mohalla - Hajipur, P S & District - Khagaria - Petitioner Versus State of Bihar - Opposite Party ----------- 2 27.05.2009 The petitioner apprehends arrest in Sahebpur Kamal Police Station Case No 161 of 2008 instituted under Section 379 of Indian Penal Code. The first information report alleges that five persons, namely, Gauri Yadav, Gulab Yadav, Manoj Kahar, Bipin Yadav and Umesh Yadav came to the shop of the informant and enquired about taking generators on rent. The informant runs a tent house. In the night, they heard some noise and then they found that two of the generators were missing. They had seen people fleeing away. In course of investigation, the five persons were arrested and they named one Bharat Kumar Pandit as the person to whom they had sold the two generators. Bharat Kumar Pandit also runs a tent house. In course of investigation, it then appears that Bharat Kumar Pandit discloses that he had given one generator to the petitioner. It is, thus, on these allegations that the said generator is recovered from the petitioner’s premises and petitioner is now being made an accused. On behalf of petitioner, it is submitted that the recovery of the generator is on 12.02.2009 that is the very next day of Maghi Purnima which was on 11.02.2009. Petitioner had hired the generator from Bharat Kumar Pandit for the night in respect of the said Puja and it is wrongly alleged that petitioner had purchased the same. In the facts and circumstances of the case, if the petitioner abovenamed surrenders in the Court below within four weeks from 2 today, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, First Class, Begusarai in Sahebpur Kamal Police Station Case No 161 of 2008 dated 25.11.2008 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)