IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12959 of 2009 HARIDARSHAN SINGH, SON OF LATE SUBHASH CHANDRA PRASAD SINGH, RESIDENT OF VILLAGE MATIHANI, P.S. MATIHANI, DISTRICT BEGUSARAI Versus STATE OF BIHAR ----------- 3. 06.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 364, 379 and 411 of the Indian Penal Code. Case diary was called for and from the case diary it appears that some witnesses have made statements that they had come to know that the articles looted from the truck were kept in a dilapidated house by the villagers on the direction of the petitioner for their sale. Learned counsel for the State has also stated that some suspicion has been raised, during course of investigation, of petitioner being involved in such type of crime. Learned counsel for the petitioner submits that no substantive evidence has come against the petitioner of having links with such type of criminal cases. He submits that the witnesses named the petitioner as having ordered for keeping the articles in dilapidated house for sale were inimical to the petitioner. In - 2 - paragraph 133 of the case diary it is stated that three cases which are pending against the petitioner are not at all of the nature of the present case and they are only on account of the village enmity. It is also stated that no material has come on record to show that the petitioner has any criminal case and was ever involved in such type of case of highway robbery. Petitioner is in custody since 9.11.2007. Considering the materials collected during investigation and incarceration of the petitioner, the application is allowed. Petitioner (Haridarshan Singh) is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City in connection with Agamkuan P.S. Case No.194/07. B.T (J.N. Singh, J.)