IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9427 of 2011 RABI SHANKER CHAUBEY, SON OF SRI RAM NATH CHAUBEY, RESIDENT OF VILLAGE- SAMAHUTA, O.P SADOKHAR, P.S.- CHENARI, DISTRICT- ROHTAS. …..PETITIONER. Versus THE STATE OF BIHAR. ……OPPOSITE PARTY. ----------- 2. 26.03.2011 Heard learned counsel for the petitioner and the State. The petitioner is in custody in relation to Sasaram Town P.S. Case No. 289 of 2010 instituted under sections 465,468,471,420/34 of the Indian Penal Code. The crux of allegation as against the petitioner is that to facilitate kidnapping and demanding of ransom. The petitioner in conspiracy with one, Santosh Pandey procured a Mobile SIM Card by preparing fictitious papers. It may be noted that so far as the substantive offence of kidnapping and demanding ransom is concerned, there is a separate case being Sasaram Model P.S Case No. 253 of 2010. Learned counsel for the petitioner states that the order of the learned Second Additional Sessions Judge would show that so far as the Mobile the SIM in question and application form etc. in relation thereto were all recovered from the house of Santosh Pandey and only allegedly the kidnapped boy was recovered from petitioner’s house. So far 2 as obtaining mobile is concerned, there is no material against the petitioner for having tried to obtain a falsified record in that regards. Unfortunately, the learned Judge confused the two matters and rejected the bail application accordingly. In my view, the two matters are entirely different, so far as the person is concerned. Only allegation is with regard to falsifying the records to obtain some which is issuing against Santosh Pandey. Be that as it may, the petitioner, above named is directed to 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, Rohtas at Sasaram in connection with Sasaram Town P.S. Case No. 289 of 2010. Devendra/ (Navaniti Prasad Singh, J.)