IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38318 of 2010 VIJAY KUMAR PASWAN @ VIJAY PASWAN SON OF MUNESHWAR PASWAN RESIDENT OF VILLAGE MALTI,P.S.UJIARPUR,DISTRICT SAMASTIPUR Versus THE STATE OF BIHAR --- For the petitioner : Mr.Abhay Shankar Singh For the State : Mr.Addl.P.P. ----------- 04/ 17.03.2011 Heard learned counsel for the parties. The petitioner seeks bail in a case which has been registered for offence under Section 397 of the Indian Penal Code. Submission is that the petitioner has been roped in this case on the basis of invalid seizure which was made from another person Vijay Paswan son of Rajendra Paswan of village Bakhri Bujurg, P.S.Musari Dharari, District Samastipur whereas the petitioner is son of Muneshwar Paswan of village Malti, P.S. Ajiarpur and both are different persons but the petitioner has been implicated on account of wrong identification. A report regarding antecedent of the petitioner was called for which has been received, from which it appears that he has fair antecedent. He is in custody since 16.12.2009 but has not been put on test identification parade as yet. 2 Considering the facts and circumstances of the case, let the above named petitioner 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, Saran at Chapra in Sonepur P.S.Case No. 278 of 2009. Tahir/- ( Shyam Kishore Sharma, J. )