IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9469 of 2009 ---- Munna Rai son of Bhairo Rai, resident of village Karhara, P.S. Jhajha, District Jamui. -- Petitioner. Versus The State of Bihar -- Opposite Party. ---- 02. 08.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under Sections 395 and 412 of the Indian Penal Code. Learned counsel for the petitioner submits that neither the petitioner is named in the F. I.R., nor he has been arrested on the spot. Learned counsel for the petitioner further states that although the allegation against the petitioner is that one mobile was recovered from his house, but neither the petitioner nor the recovered article has been put on test identification parade. Learned counsel for the petitioner also avers that the informant and petitioner are co-villagers, but in spite of that the petitioner was not named in the F.I.R and has been subsequently implicated due to village politics. Learned counsel for the petitioner further contends that petitioner has got no criminal antecedents and he is in custody since September, 2008. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let petitioner, namely Munna Rai, be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like - 2 - amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S.Case No.167 of 2008. Sunil (S. N. Hussain, J.)