IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.42027 OF 2009 MIHIR KUMAR THAKUR @ PUSHPESH THAKUR, SON OF PHULCHANDRA THAKUR, RESIDENT OF VILLAGE BELAUNA, P.S. BASOPATTI, DISTRICT MADHUBANI VERSUS STATE OF BIHAR ----------- 2. 08.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 379 and 414 of the Indian Penal Code. Petitioner has been made accused in respect of theft of a motor-cycle. From the order of the learned Sessions Judge, it appears that petitioner made some confessional statement during investigation on the basis of which stolen motor-cycle was recovered. It is stated on oath that petitioner had not made any such confessional statement and the motor-cycle was not recovered from his possession. Rather it was recovered from a different place and the seizure list witnesses are of third village. It is also stated that on account of inimical terms with Dafadar and Chaukidar, at their instance, petitioner was implicated in this case. It is also stated that petitioner is a student of B.Sc. Physics (Honours) and he has no criminal antecedent. - 2 - Considering the fact that petitioner is a student and this is his first offence, the application is allowed. Let petitioner (Mihir Kumar Thakur alias Pushpesh Thakur) be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Rajnagar P.S. Case No.187/09 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.)