IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24636 of 2008 UPENDRA RAI @ BODIA …. PETITIONER Versus THE STATE OF BIHAR …. OPP. PARTY For the petitioner : - Sri Suraj Narayan Yadav, Advocate For the O.P. : - Sri D. Mehta, APP ----------- 5. 10.11.2008 Heard Sri Suraj Narayan Yadav, Advocate for the petitioner and Sri D. Mehta, APP for the State. The petitioner is not named in the FIR but appears implicating subsequently through statements. The statements which have been recorded under Section 161 or 164 Cr. P.C. indicate as if the witnesses could the eye witnesses. The simple contention is that if at all any person was witness to the incident, it was expected that the name of the petitioner with specific allegation as is now assigned to him could have appeared in the FIR itself. The contention is that it is a case of false implication. Be that as it may, considering the facts of the case, let petitioner Upendra Rai @ Bodia be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in - 2 - connection with Phulwari Sharif (Gopalpur O.P.) P.S. Case No. 298 of 2007. DKS/ (Dharnidhar Jha, J)