IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11285 of 2009 MANTU SAH, S/o- Sone Lal Sah, R/o- Mohinimandal, P.S. Majorganj, District- Sitamarhi Versus STATE OF BIHAR ----------- 2 13.07.2009 Petitioner is supposed to be in custody since 6.1.2009 in relation to Majorganj P.S. Case No. 177 of 2008 which was lodged for the offence under Section 392 of the Indian Penal Code. The allegation is that while the informant was retuning on the motorcycle in the evening at about 6.30, two persons came and stopped him and snatched away his motorcycle. He learnt from the villagers that the present petitioner is involved in the case and on that basis the present F.I.R. is being lodged. Submission of learned counsel for the petitioner is that the crime was committed on 11.12.2008 at about 6.30 p.m but the F.I.R. was lodged on the very next day i.e. 12.12.2008 and the persons who have disclosed the name of the petitioner before the informant have not seen the occurrence rather on suspicion named the petitioner in the F.I.R. which is not a convincing material. It is further submitted 2 that the motorcycle of the informant was recovered by the police in abandoned condition beside the road and nothing was recovered from the possession of the petitioner. Looking at the allegation and nature of the evidence which has come, let the petitioner namely, Mantu Sah, be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (ten thousand) with two sureties in the like amount each to the satisfaction of C.J.M., Sitamarhi in connection with Majorganj P.S. Case No. 177 of 2008. One of the sureties will be executed by the father of the petitioner namely, Sone Lal Sah on due identification by the Court below. Bibhash (Ajay Kumar Tripathi, J.)