IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18878 of 2011 Munna Yadav @ Sanjeet Kumar @ Sanjeet Yadav Versus The State Of Bihar ----------- 03 14.10.2011 Supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as Additional Public Prosecutor for the State. Petitioner is in jail custody since 03.12.2010 in a case registered under Sections 393 and 302/34 of the I.P.C. Petitioner is not named in the First Information Report and for the first time, the name of the petitioner came in Para 13 of the case diary in which the statement of one Binod Yadav has incorporated. The aforesaid Binod Yadav claimed to have identified the petitioner as the assailant. The contention of learned counsel for the petitioner is that according to prosecution case itself, when the alleged occurrence took place, the aforesaid witness Vinod Yadav was present along with the deceased and informant and had the aforesaid witness identified the petitioner as assailant in the alleged crime, he would have certainly been disclosed the name of the petitioner before institution of the present case. It is further contended by him that the aforesaid witness Binod Yadav has been examined as prosecution witness no. 1 in S.T. No. 819/2011 and he has stated that he could not identify the miscreants. 2 Taking into consideration as well as submission of the parties, let the above-named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon (Shiv Narayanpur) P.S. Case No. 383/2010. Kamlesh (Hemant Kumar Srivastava, J.)