IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8409 of 2009 1. Ajay Paswan @ Badal ,Son of Ram Chandra Paswan, resident of Village- Dar Veshpur, P.S. Maner, District-Patna 2. Ramesh Kumar, Son of Vijay Kumar Singh, resident of Village- Hamijapur, P.S. Amash, District-Gaya, at present resident of Village-Husainganj, P.S. Sherghati, District-Gaya -------------- Petitioners. Versus STATE OF BIHAR ----------- 2 24-04-2009 Heard the learned counsel for the petitioners and learned A.P.P. for the State. Mahendia P.S. Case No.58 of 2007 was registered against five unknown culprits under Section 395 I.P.C and in course of investigation the name of one Nand Kishore Ram cropped up who divulged the names of these two petitioners, Ajay Paswan @ Badal and Ramesh Kumar as his accomplice in the crime. The petitioners have not been put on T.I.Parade nor has any incriminating article been recovered from their persons or possession. It is true that they are possessed of criminal antecedent and chargesheet has been submitted in the case. Merely because chargesheet has been submitted and a person carrying criminal antecedent is not a reason to detain a person in custody when he is not alleged to have committed crime. In that view of the matter, let petitioners Ajay Paswan @ Badal and Ramesh Kumar be enlarged on bail on furnishing bail bond of Rs.10, 000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,Jehanabad ,in - 2 - connection with Mahendia P.S. Case No.58 of 2007. NKS/- ( Abhijit Sinha, J )