IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29419 of 2008 SHIVAJEET MISHRA Versus STATE OF BIHAR ----------- 3. 24.10.2008 Heard Mr. Ashok Kumar Choudhary, learned counsel for the petitioner and Mr. Manish Kumar, learned A.P.P. The petitioner was not named in the F.I.R. of the case under section 302 of the Indian Penal Code and on the same day on which the F.I.R. was lodged , i.e. , on 12.6.2001 he was implicated by one Binod Singh. Thereafter, there is complete dearth of any material against the petitioner as regards complicity so much so that a witness Rameshwar Ojha, who initially was not coming out clean on the occurrence, also did not implicate the petitioner and stated that it was Dhananjay who shot and killed the deceased. Similarly, witnesses examined at paragraph nos.31 and 44 also do not implicate the petitioner. The contention is that if Binod Singh was knowing the name of the petitioner as either a participant of the offence or the real author, it was expected that he could have informed the authorities or the informant and the name of the petitioner ought to have figured in the F.I.R. Regard being had to the facts and circumstances and the contention, let petitioner named above 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 the C.J.M., Ara, in connection with Bihia P.S. case no.42 of 2001 (G.R. - 2 - no.1350 of 2001). sudip ( Dharnidhar Jha,J )