IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28870 of 2010 Bihari Mian, son of Late Sadique Mian, resident of Village- Rajaura, Police Station-Mufassil, District-Begusarai. ………Petitioner. Versus The State of Bihar …………………………….Opposite Party. ----------- 2. 09. 08. 2010. Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 379, 411/34 of the Indian Penal code. A theft was committed in a running train when one person was caught on the spot who named four other persons involved in the present case. It is submitted that the name of the petitioner did not figure in the F.I.R. The petitioner name figured subsequently during investigation, on confession of co-accused stating that petitioner was involved in some other case for which no F.I.R. was registered. Statement has been made in paragraph 15 of the petition that petitioner has no criminal history. Considering the fact that petitioner was not named in the F.I.R. However, his name has sprang up on confessional statement of co-accused alleging to be involved in some criminal case and the petitioner has no criminal history, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand ) with two sureties of the like amount each to the satisfaction of the 2 Railway Judicial Magistrate, Barauni, Begusarai, in connection with Barauni Rail P.S. Case No. 45 of 2008, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. Let learned court below will accept the bail bond of the petitioner after verification of the criminal antecedent of the petitioner. m.p. ( Dinesh Kumar Singh, J.)