IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31124 of 2008 NARESH SINGH Versus STATE OF BIHAR ----------- 4 11.11.2008 Heard. Case diary suggests that in course of investigation, pursuant to the first informant report, which does not make any allegation against the petitioner, nothing came against the petitioner. However, in paragraph 73 of the case diary the Supervising Authority has expressed that the petitioner appears to be guilty. The Sessions Judge who perused the case diary opined that there is no basis for this finding by the Supervising authority. However, the Sessions Judge refused to grant anticipatory bail inasmuch as the case diary did not contain any direction to arrest the petitioner. I think when a superior authority expressed opinion that the petitioner seems to be guilty, now or on a future date, the petitioner may be arrested in course of further investigation. Accordingly, the petitioner is entitled to anticipatory bail. Let the petitioner Naresh Singh, in the event of arrest or surrender within six weeks from today, be released on bail on furnishing bail bond of Rs 10,000/ - ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Alauli P.S. Case no. 61 of 2005 subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. shahid (Barin Ghosh, J) - 2 -