IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22192 of 2009 JITENDRA KUMAR @ JITTU, SON OF MADAN PRASAD, RESIDENT OF VILLAGE SEKHPUR, GAITRY MANDIR, P.S. AHIYAPUR, DISTRICT MUZAFFARPUR Versus STATE OF BIHAR ----------- 2. 13.07.2009 Heard learned senior counsel for the petitioner and learned counsel for the State. The case is under sections 379 and 411 of the Indian Penal Code. The allegation against the petitioner is of having stolen away the motor-cycle of the informant. However, from the first information report it appears that the informant claimed that his stolen motor-cycle was blue with registration no. BR-06 -5965 for which the informant registered Ahiyapur P.S. Case No.143/08. From Annexure-2, it appears that in connection with Ahiyapur P.S. case No.169/08, a motor-cycle was recovered from the possession of the petitioner with engine of black colour and registration No.BR 06 6013. Learned counsel for the petitioner submits that the motor cycle said to be stolen in this case has not been recovered from the possession of the petitioner and the motor-cycle which has been recovered was altogether a different motor-cycle for which a different - 2 - substantive case has been instituted. He submits that so far as present case is concerned, there is no incriminating material against the petitioner and no recovery has been made from his possession. From the order of the learned Sessions Judge it does not appear that the motor-cycle recovered in connection with Ahiyapur P.S. Case No.169/08 is in any way connected with the present case or the motor-cycle stolen in the present case has been recovered from the possession of the petitioner. Petitioner is in custody since 28.4.2008. Considering the above facts and circumstances of the case, petitioner ( Jitendra Kumar alias Jittu) is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No.143 of 2008. B.T (J.N. Singh, J.)