IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2076 of 2009 Tunnu Chaudhary @ Tuntun Chaudhary son of Late Jageshwar Chaudhary, resident of Village-Simwa, P.S. Rafiganj, District- Aurangabad(Bihar)…………………………………..Petitioner. -Versus- The State of Bihar…………………………………….Opposite Party. ----------- 3. 17.04.2009. Heard learned counsel for the petitioner Tunnu Chaudhary @ Tuntun Chaudhary who though not named in the First Information Report finds himself in custody since 12.8.2008 in connection with Gurua P.S. Case No. 39 of 2007 registered under Section 392 of the Indian Penal Code. As per the allegations in the fardbeyan of the informant Pawan Kumar Prajapati that while he alongwith Amresh Vishwakarma, his wife and other co-villagers was coming from Chatra on his Bajaj Discover Motor Cycle bearing registration No. BR-2F-4152, they were stopped by three miscreants on the point of fire arms and the Motor Cycle alongwith cash to the tune of Rs.2200/- and a Nokia Cellular Phone were snatched away. The petitioner’s name cropped up on recovery of looted Motor cycle from his house. Apart from the recovery, there is nothing else against the petitioner and so far as the petitioner is concerned, at best a case only under Section 411 or 414 of the Indian Penal Code can be said to have been made out against him. In the facts and circumstances of the case, the petitioner Tunnu Chaudhary @ Tuntun Chaudhary is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two - 2 - sureties of the like amount each to the satisfaction of the Chief Judicial magistrate, Gaya, in connection with Gurua P.S. Case No. 39 of 2007. U.K. (Abhijit Sinha,J)