IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38291 of 2008 SUNIL DUBEY,son of Ram Pravesh Dubey, Resident of village Jigana Dubey P.O. Jigana Dubey, P.S. Bhorey District-Gopalganj----Petitioner Versus STATE OF BIHAR ----------- 2 14.11.2008 Prayer of the petitioner is for grant of bail in Bhorey P.S. case No. 30 of 2008 registered under Section 394 of the Indian Penal Code. Mr. Akhileshwar Prasad Singh, appearing on behalf of the petitioner submits that the petitioner has not been named in the First Information Report and his name has come in the statement of two witnesses recorded in Paragraphs 12 and 13 of the case diary. He points out that these witnesses claim to have accompanied the informant for some distance. He submits that had the two witnesses identified the petitioner, petitioner’s name ought to have been disclosed by them and consequently his name ought to have been figured in the First Information Report. State is represented by Mr. Choubey Jawahar, Additional Public Prosecutor. Having heard learned counsel for the party and taking into consideration the facts - 2 - and circumstances of the case, I allow this application and direct that the petitioner above named be released on bail on furnishing personal bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Bhore P.S. case No. 30 of 2008 corresponding to G.R,. No. 514 of 2008. (Chandramauli Kr.Prasad,J.) A.Kumar