IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9784 of 2009 SURENDRA PASWAN Versus STATE OF BIHAR ----------- Cr.Misc. No.10008 of 2009 SHANKAR YADAV Versus STATE OF BIHAR ----------- For the petitioner : Mr. Sanjeev Kumar, Advocate (in Cr. Misc. No.9784/2009) (in Cr. Misc. No.10008 /2009):Mr. Kamlendra Pd. Singh, Advocate For the States : Mr. Jharkhandi Upadhaya, A.P.P. (in both cases) --------- 3 04.05.2009 Cr.Misc. No. 9784 of 2009 preferred by SURENDRA PASWAN and Cr.Misc. No. 10008 of 2009 preferred by SHANKAR YADAV have been taken up together as they arise out of the same Sone Nagar Rail P.S. Case No. 20 of 2008 registered under section 395, 397 and 412 IPC having been heard together are being disposed of by this common order. Both the petitioners are not named in the FIR and it appears that they were not put on T.I. parade. The name of Surendra Paswan cropped up in course of investigation when informant’s looted mobile was recovered from the possession of the petitioner. The name of petitioner Shankar Yadav cropped up in the confessional statement of one Guddu Khatik who was arrested with looted money to the tune of Rs. 7460/- apart from three looted cellular phones. It does not appear from the confessional statement of Guddu Khatik or from the case diary that petitioner Shankar 2 Yadav was a beneficiary of the looted money or articles. So far as petitioner Surendra Paswan is concerned the stand taken is that he had been given the mobile set by his cousin (mamera bhai) Rajni Kant and he had no knowledge of the said mobile set being stolen property. It was sought to be submitted that the petitioner has been implicated in this case merely on the basis of suspicion. So far as petitioner Shankar Yadav is concerned apart from not being named in the FIR he was neither put on T.I. parade nor any articles looted at the occurrence was recovered from his possession or house and his implication is purely on the basis of the confessional statement of Guddu Khatik who apparently was on inimical terms with the family of the petitioner. Due regard being had to the facts and circumstances of the case the prayer for bail of Surendra Paswan is rejected and petitioner SHANKAR YADAV is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Judicial Magistrate, Railway, Gaya, in connection with Sone Nagar Rail P.S. Case No. 20 of 2008. Spd/- (Abhijit Sinha, J.)