Kripal Mushar Vs. the State of Bihar

patna high court cr.misc. no.2927 of 2012 (2) dt.25-01-2012 in the high court of judicature at patna criminal miscellaneous no.2927 of 2012 ====================================================== kripal mushar .... .... petitioner/s versus the state of bihar .... .... opposite party/s ====================================================== appearance : for the petitioner/s : mr. d.k.sinha, advocate. for the opposite party/s : mr. p.k.chaurasiya,a.p.p. ====================================================== coram: honourable mr. justice gopal prasad oral order (per: honourable mr. justice gopal prasad”25. 01-2012 heard learned counsel for the parties. this is a petition for regular bail for the offence under sections 457,380 and 411 of the indian penal code. it is alleged that there was theft committed by opening the roof of the house in which the sari, clothes, ornaments and nokia mobile and cash of rs.15000/- have been stolen away. learned counsel for the petitioner submits that the f.i.r. is against unknown. the petitioner has not been named. however, the name of the petitioner finds place in subsequent statement of the informant. however, it is alleged that during course of investigation mobile was recovered from the house of the petitioner but there is no mention that the said recovered mobile was a theft article.it is further submitted that the informant does not claim the said mobile and the petitioner is in jail custody since 15.11.2011. having regard to the facts and circumstances of the case the petitioner,kripal musahar, is directed to be released on bail on furnishing bail bond of rs.10,000/- with two sureties of patna high court cr.misc. no.2927 of 2012 (2) dt.25-01-2012 the like amount each to the satisfaction of the c.j.m., buxar, in rajpur p.s. case no.91 of 2010. (gopal prasad, j.) anilkrsinha