IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18169 of 2011 Manoj Singh, S/O-Pitamber Singh Versus The State Of Bihar ----------- 05 24.10.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report and in course of investigation the name of this petitioner came to light and subsequently, he was remanded in the present case. Learned counsel for the petitioner submits that in course of investigation, it came to light that petitioner was seen taking wine in the company of other accused but witnesses have stated that it was other co-accused persons who proceeded along with the vehicle in question. On the other hand, learned Additional Public Prosecutor drew my attention towards Para-73 of the case diary in which the Investigating Officer has incorporated the statement of one Vijay Kumar which has been recorded under Section 164 of the Cr.P.C. Even if, the aforesaid statement assumed to be true, then also, five persons proceeded with the vehicle in question and the petitioner did not accompany the aforesaid persons. Considering the aforesaid facts and circumstances as well as this aspect of the matter that co-accused Yaswant Singh has already been granted privilege of bail, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional 2 Sessions Judge, Fast Track Court-I, Motihari at East Champaran in connection with Sessions Trial No. 42 of 2011 arising out of Keshariya P.S. Case No. 135 of 2002. SHAHZAD ( Hemant Kumar Srivastava, J.)