IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22185 of 2009 MD.RAHIM, SON OF MD. MANJOOR @ MD. MANJOOR ALAM, RESIDENT OF VILLAGE PURANDAHA, POLICE STATION SIMRAHA, DISTRICT ARARIA Versus SATTE OF BIHAR ----------- 2. 13.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 379 and 411 of the Indian Penal Code. The prosecution case is that two persons including this petitioner were apprehended on chase and one stolen brief-case of the passenger was recovered from the possession of the accomplice of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has been apprehended due to mistaken identity. It is also stated that the petitioner has no criminal antecedent and he is a labourer. Petitioner is in custody since 4.3.2009. Considering the fact that this is a first offence of the petitioner, the application is allowed. Petitioner (Md. Rahim)is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like - 2 - amount each to the satisfaction of Railway Judicial Magistrate, Katihar in connection with Katihar (Jogbani) Rail P.S. case No.14/2009. B.T (J.N. Singh, J.)