IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33969 of 2008 NAVENDU KUMAR CHOUDHARY @ NAVENDU CHOUDHARY @ FUDDU CHOUDHARY Son of Satya Narain Choudhary, Resident of Village Nagargama, P.S. Dalsingsarai, District Samastipur ----------------Petitioner Versus THE STATE OF BIHAR ---------Opposite Party ----------- 2. 21.10.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Dalsingsarai P.S. Case No.78/98 for the alleged offences registered under sections 395 and 397 of the Indian Penal Code. It is submitted that the F.I.R. is against unknown. It is further submitted that no material has come against the petitioner. However, the police submitted chargesheet expressing suspicion although there is no material even in the case diary for such suspicion and on such submission of the chargesheet, cognizance has been taken against the petitioner in the year 2008. Learned counsel further submits that the petitioner is having clean antecedents who has earlier been elected as Sarpanch as would be evident on perusal of Annexure 3. Besides the above, it is submitted that within a span of ten years, nothing was recovered from the house of the petitioner or anywhere else on the basis of which the petitioner could be connected in any manner. The learned counsel for the State is not in a position to refute the submissions. 2 Considering the facts and circumstances of the case, it is directed that the petitioner above named, in the event of his arrest or surrender in connection with G.R. No.203/98, T.R. No.1795/08, arising out of Dalsingsarai P.S. Case No.78/98 within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)