IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33627 of 2009 BINOD YADAV @ SUMIT YADAV, S/o Bishal Yadav, R/o Village – Naya Tola, Juravganj, P.S. Kordha, Distt. Katihar …………. Petitioner Versus THE STATE OF BIHAR …………………………… Opposite Party. ----------- For the Petitioner:- Mr. Uma Shankar Pd. Singh, Advocate. For the State:- Mr. R.P. Singh, A.P.P. ----------- 2. 08.10.2009. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner has been made accused for the offences punishable under Section 379/34 of the Indian Penal Code. It is alleged in the F.I.R. that the informant had withdrawn Rs. 55,000/- from the Bank and kept the same in a bag by hanging it in the handle of his bicycle and proceeded towards Barhariya Bazar and as soon as he took a turn near Jamo Road for purchasing fruits, two persons appeared and they snatched away the bag from the bicycle and, when he raised alarm, they started fleeing. However, on a chase by the public, one of those persons (the petitioner) had been caught hold by the public while the other person, namely, Sudama Yadav fled away with the looted money. Learned counsel for the petitioner submitted 2 that the petitioner is a `Ferriwala’ and he has been caught under mistaken identity. It is further stated that nothing has been recovered from his person. It is also stated that the petitioner has got clean antecedent and is under jail custody since 16.07.2009. In the aforesaid facts and circumstances of the case, I direct the petitioner, Binod Yadav @ Sumit Yadav to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Barharia P.S. Case No. 104 of 2009, subject to the condition that one of the bailors must be the close relative or family member of the petitioner. dk ( Dr. Ravi Ranjan, J. )