IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.19595 OF 2009 ANIL KUMAR SAO, SON OF LALLA SAO, RESIDENT OF VILLAGE MOULIPUR, NOHTA, P.S. FATUHA, DISTRICT PATNA VERSUS STATE OF BIHAR ----------- 6. 20.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 136 of the Indian Electricity Act. Later on, Sections 414 and 411 of the Indian Penal Code were also added in the case. It is stated that some stolen electric wires were recovered from the godown of petitioner. Learned counsel for the petitioner submits that at best, he can be charged of having purchased stolen properties and not of theft of wire. He also submits that for the same recovery and seizure list, two cases, namely, Fatuha P.S. Case No.290/2008 and the present case i.e. Fatuha P.S. Case No.329/2008, have been instituted against petitioner. He submits that except these two cases, petitioner has no criminal case from before. Petitioner is in custody since 24.11.2008. - 2 - Considering the above facts and circumstances and, particularly, period of incarceration of petitioner, this application is allowed. Let petitioner (Anil Kumar Sao) be enlarged 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 Additional Chief Judicial Magistrate, Patna City in Fatuha P.S. Case No. 329 of 2008 with conditions as laid down in sub- section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)