IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2393 of 2009 BECHAN PASWAN Versus STATE OF BIHAR ----------- 4 28.5.2009 Heard the learned counsel for the petitioner and the learned counsel for the State. The petitioner is in custody in a police case under Section 395 of the Indian Penal Code to which Section 412 I.P.C. was added later on. It is submitted that the FIR is against unknown. There has been no recovery from the petitioner. The submission is of false implication and custody on that basis since 8.8.2008. Counsel for the State points out that there has been recovery from the house of co-accused Muniya Paswan. His bail has been rejected by this Court in Cr. Misc. No. 22329 of 2007. Learned Counsel for the state is however unable to point out any paragraph from the case diary of the materials collected during investigation with regard to the link between the petitioner and Muniya Paswan except for recording that he is one of the members of the gang of Muniya Paswan without any source of information in the case diary with regard to the same. The Police has ensured bail to the petitioner. In the facts and circumstances of the case, let the petitioner above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Madhubani in - 2 - Ladania P.S. case No. 55 of 2002. Let a copy of this order be sent to the Director General of Police, Bihar to be forwarded to the Superintendent of Police, Madhubani in view of the nature of investigation by which the police itself has ensured bail to the petitioner. (Navin Sinha,J.) A.Kumar