IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.497 of 2009 MANOJ KUMAR YADAV Versus STATE OF BIHAR ----------- For the petitioner : Mr. A.K.Thakur, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. -------- 3 10.04.2009 Heard learned counsel for petitioner MANOJ KUMAR YADAV, one of the FIR named accused of Nawada Town P.S. Case No. 298 of 2008 registered under section 379 IPC who is in custody since 27.9.2008. The allegation against the petitioner who was apprehended while fleeing on the presumption that he was one of the three persons who had broken the lock of the dickey of the motorcycle of the informant in which Rs. 6 lacs has been kept and had been taken away. The source from where Rs. 6 lacs came in the possession of the informant has not been disclosed nor any recovery has been made from the possession of the petitioner. The allegation appears to be based on mere presumption and suspicion. In the facts and circumstances of the case the petitioner MANOJ KUMAR YADAV is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Nawada, in connection with Nawada Town P.S. Case No. 298 of 2008. Spd/- (Abhijit Sinha, J.) 2