IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40453 of 2010 SANTOSH CHOURASIA @ SANTOSH KUMAR CHOURASIA Son of Mishri Lal Chourasia, resident of Gala Mandi, Mogalsarai, P.S. Mogalsarai, District- Chandouli (U.P) at present Varanasi Transport, Choundauli (U.P) …..Petitioner. Versus The STATE OF BIHAR ……………………………O.P. ----------- 2 10.11.2010 Heard the parties. In a criminal prosecution registered under section 420 and 406 of the Indian Penal Code, co-accused Shesh Nath Chourasia is alleged to have received Rs. 2,00,000/- from the informant on the allurement of getting an appointment letter issued in favour of son of the informant . Though the petitioner is named in the FIR as an accused but no specific role has been assigned against him. Even according to FIR the petitioner was not present at the time of alleged payment of Rs. 2,00,000/- to co-accused Shesh Nath Chourasia. From the impugned order passed by the learned Sessions Judge also, it appears that there are no materials available on the record to suggest the direct participation of the petitioner in the crime in question. He has been arrayed in the category of accused on the ground that he happens to be Samdhi of co-accused Shesh Nath Chourasia. Apparently primal role for committing the crime in question has been attributed to co-accused Shesh Nath Chourasia and his other family members. Be that as it may, in the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) 2 with two sureties of like amount each to the satisfaction of C.J.M, Rohtas in connection with Sasaram Town P.S. Case No. 953 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. M.Rahman ( Birendra Prasad Verma, J )