IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29356 of 2010 Sohrai Paswan @ Karan Paswan @ Sohrai, Son of Prabhu Paswan, resident of village-Gobraha, P.S. Belaganj, District-Gaya ------------------------- Petitioner Versus STATE OF BIHAR ----------- 08 25-01-2011 Heard Sri K.P.Singh, learned Senior Counsel appearing on behalf of the petitioner as well as Sri J.K.Singh, learned Addl. Public Prosecutor. The petitioner, who is in custody in Buniyadganj P.S. Case No.12 of 2010 for the offence under Section 395 of the Indian Penal Code, has prayed for grant of bail. F.I.R. was lodged against unknown. However, during the investigation, the petitioner’s name transpired and thereafter he was made accused. Sri K.P.Singh,learned Senior Counsel appearing on behalf of the petitioner submits that in the F.I.R., the informant had categorically stated that he, his two sons and four employees were empowered by six unknown accused persons and thereafter they had committed docoity. Subsequently, the accused locked all the employees and informant by bolting from outside the factory and they fled away. It was submitted that the informant has categorically stated that his sons and other employees also did not identify any of the accused by name. They had given only description of the accused persons but at subsequent stage, the Investigating Officer got the name of this petitioner extracted from the mouth of the two 2 witnesses and, as such, he was made accused. Learned Addl. Public Prosecutor submits that the petitioner was put on T.I. Parade as per paragraph 62 of the case diary. However, the informant had not identified this petitioner. Sri K.P.Singh, learned Senior Counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner. In this case, earlier antecedent report of the petitioner was called for, which shows that the petitioner was accused in other cases relating to commission of offence under Section 395 of the Indian Penal Code. Sri Singh, learned Senior Counsel for the petitioner submits that those cases were instituted in the year 1997- 98. In view of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Buniyadganj P.S. Case No.12 of 2010. NKS/- ( Rakesh Kumar, J.)