IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39326 of 2008 SHANKAR JHA @ SHANKAR KUMAR MISHRA @ SUDHANSHU KUMAR MISHRA @ BIJAY SINGH … … Petitioner Versus THE STATE OF BIAR … … Opp. Party For the petitioner: Shri Aajay Kr.Thakur For the State: Shri Dashrath Mehta,APP ----------- 3. 9.1.2009 Heard. The petitioner is not named in the F.I.R. of a case under Sections 302,201/34 of the Indian Penal Code. The petitioner’s name appears for the first time in paragraph 48 of the case diary in which the witness stated that the deceased came with the present petitioner to his house and informing his brother that he was going to drop the petitioner went away. He returned and went away from house with one of his friends. Subsequently, the mother of the deceased gave an eye witness account by filing a petition in respect of the same incident in which the petitioner’s name appears but there is no definite allegation against him. The contention is that there could be no theory of participation of the 2 petitioner in the light of the statement under Section 48 of the case diary. Let the petitioner Shankar Jha alias Shankar Kumar Mishra alias Sudhaanshu Kumar Mishra alias Bijay singh be released on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in Sadar P.S.Case No.126 of 2007. Kanth ( Dharnidhar Jha, J.)