IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35857 of 2011 Mahendra Rai Versus The State Of Bihar ----------- 02/ 11.11.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 17.5.2011 in a case registered under section 392 of the IPC. Petitioner is not named in the first information report and it appears from the impugned order that name of this petitioner surfaced in course of investigation in para 49 of the case diary and furthermore, some witnesses claimed to have identified the petitioner at the time of the occurrence but in para 6 of this petition, it has specifically been pleaded on behalf of the petitioner that none of the witnesses who have been examined at the referred paras of the case diary, claimed to have seen the petitioner committing robbery rather they had stated that they had seen the petitioner passing on the motorcycle after the alleged occurrence. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let the petitioner, Mahendra Rai, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri U.K. Sharma, Judicial Magistrate, Ist Class, Muzaffarpur in Baruraj P.S. Case no. 64/2003. shahid (Hemant Kumar Srivastava,J)