IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12978 of 2009 SADARE MIYAN Versus STATE OF BIHAR ----------- 02/ 16.06.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offence punishable under section 414 of the Indian Penal Code. Learned counsel for the petitioner submits that no incriminating article has been recovered from the possession of the petitioner and he has been falsely implicated only on the basis of the statement of co-accused Kamlesh Kapar from whose possession the stolen motorcycle had been recovered. Learned counsel for the petitioner further submits that Kamlesh Kapar had stated that he had received the motorcycle from one Basant Sah, who had got it from the petitioner and Uday Sah. Learned counsel for the petitioner also avers that the entire allegation is absolutely false and frivolous and the statement has been made only to save his own skin. Learned counsel for the petitioner further contends that the co-accused Uday Sah had filed a petition for anticipatory bail bearing Cr.Misc.No.47624 of 2008, which was allowed by this court on 06.02.2009. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a 2 copy of this order in the court below, the petitioner, namely Sadare Miyan shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Basopatti P.S. Case No.154 of 2008 subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)