IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19002 of 2011 Dinesh Sahni @ Umesh Sahni Versus The State Of Bihar ----------- 06/ 12.12.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 26.2.2011 in a case registered under section 392 of the IPC. Neither petitioner is named in the first information report nor anything has been recovered from his conscious possession. It would appear from perusal of the impugned order that name of the petitioner has come in this case in the confessional statement of co–accused Shambhu Sahni and apart from the aforesaid material, there is nothing against the petitioner. Accordingly, petitioner, Dinesh Sahni @ Umesh Sahni, is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffzarpur in Bochahan P.S. Case no. 68/2007. Before parting with this order, I would like to warn 7th Addl. Sessions Judge, Muzaffarpur because he has noted in impugned order that paras 36, 37, 41 and 42 of the case diary contain the statements of the witnesses but from perusal of the aforesaid paras, it is apparent that in the aforesaid paras, statements of witnesses have not been recorded rather Investigating officer has incorporated his formal activity. - 2 - Accordingly, 7th Addl. Sessions Judge, Muzaffarpur is warned to be more cautious and vigilant at the time of passing bail orders. Let this order be communicated to the 7th Addl. Sessions Judge, Muzaffarpur who has passed the impugned order shahid (Hemant Kumar Srivastava,J)