IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46507 of 2008 SHRAWAN KUMAR YADAV @ SARWAN KUMAR YADAV, Son of Shri Deo Narayan Yadav, resident of village + P.S. – Kumarkhand, District – Madhepura. Versus THE STATE OF BIHAR ----------- 3. 16.2.2009 Heard Sri Pramod Mishra, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The petitioner’s name does not figure in the FIR of a case under Section 395 of the IPC and in spite of being in custody since 15.2.2008, the petitioner was not attempted to be put on TIP. There is no recovery of any looted properties. The learned Additional Public Prosecutor resisted the prayer tooth and nail by drawing the attention of the court to paragraph 79 containing statement of one Binay Verma, which was recorded on 14.6.2008. The witness stated that he had identified the petitioner during the commission of the dacoity. The contention is that the petitioner was remanded to custody in the present case on 25.4.2008 and Binay Verma’s statement came after about seven weeks of his remand and it could be an act of creating some material for justifying an illegal remand by the police. Further contention was that if at all Binay Verma had identified the - 2 - petitioner he could have divulged his name at the earliest and hopefully at the time the information was recorded. Regard being had to the above facts and circumstances, let petitioner Shrawan Kumar Yadav @ Sarwan Kumar Yadav be released from custody on furnishing a bond of Rs.3,000/- (three thousand) with two sureties of the like amount each to the satisfaction of Sub- divisional Judicial Magistrate, Supaul in connection with Chhatapur P.S. Case No. 29 of 2008. DKS/ (Dharnidhar Jha, J.)