IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14947 of 2009 SHAMBHU PASWAN Versus STATE OF BIHAR ----------- 2 13.07.2009. Heard learned counsel for the petitioner and learned Additional Public Prosecutor representing the State. Petitioner is in custody since 29.3.2008 in a case registered for offence under section 395 of the penal code in the year 2001. The petitioner submits that he is in custody in this case only on suspicion. Impugned order dated 27.2.2009 mentions that ‘learned Addl. P.P. after going through the case diary opposed the prayer for bail of the petitioner contending that witnesses have identified the petitioner along with others in torch light during commission of occurrence. It has been stated in paragraph 7 of the instant bail petition that no material figured against him for about five to six years and no warrant of arrest was ever issued against him. In view of the above, let the Judicial Magistrate, Ist class (Sri S.P.Sukla), Danapur verify the aforesaid submission, thereafter if petitioner’s plea is found to be correct, he (Shambhu Paswan) would be released on bail to his satisfaction in connection with Sigori Police Station case no. 39 of 2001. Let the order be faxed to the court concerned at the cost of the petitioner. Shashi. (Samarendra Pratap Singh,J).