IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 22886 of 2009 Sajaniya Kewat, son of Shri Arjun Kewat, resident of village – Purandarpur, P S – Tharthari, District – Nalanda - Petitioner Versus State of Bihar - Opposite Party ----------- 2 07.09.2009 The petitioner apprehends arrest in Chandi (Tharthari) Police Station Case No 57 of 2003 registered under Section 396 of Indian Penal Code. It appears there was a dacoity in the house of the informant in which informant’s husband and mother-in-law were shot dead by about 20 to 25 dacoits. None were named. Subsequently, petitioner’s name is said to have transpired. Petitioner has now been chargesheeted having been shown as absconder. On behalf of petitioner, it is submitted that the learned Sessions Judge has committed error of record in noting that in paragraphs-29, 30, 34, 94, 95 and paragraph 52 of supplementary case diary, petitioner’s name has appeared. It is submitted that paragraphs-29 and 30 are information received from spy. Paragraphs-34, 94, 95 do not refer to petitioner. Paragraph-52 of the supplementary case diary is the statement of informant’s son who again does not name the petitioner. In fact the only place where the petitioner’s name comes is paragraph-130 being a confession by a co-accused, namely, Phagu Gope at a very belated stage. These facts are to be verified from record. I, therefore, direct that as chargesheet has been submitted and case diary is available to the trial Court, on petitioner’s surrendering in the Court below within 4 weeks from today, the Court 2 below would immediately peruse the case diary and in particular the paragraphs, referred to above. In case petitioner is not positively named therein by the witnesses other than Phagu Gope, learned Court below would pass appropriate orders in accordance with law. This application is disposed of accordingly. M.E.H./ (Navaniti Prasad Singh)