IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36773 of 2008 SHIV SHANKAR RAI @ SHEO SHANKAR RAY Versus STATE OF BIHAR ----------- 2. 30.9.2008 Heard. The allegation against the petitioner is that he took away the accused Ajay Kumar Singh who was an accused in Sessions Trial No.539 of 2003 under Sections 364A and 120B IPC to a hotel for his meals. The allegation is that the petitioner came back without the accused and the accused was allowed to escape from custody. The petitioner controverts the allegations and says that he was a constable on duty in Phulwarisharif jail and he had nothing to do with the production of the accused in a case in the Civil Court, Patna. The further contention is that it was the informant of the case who was obliged with the duties of taking the said accused for production and while in his custody, the accused fled away and he has been put under suspension for the lapses. In support of the contention the supplementary affidavit has been filed to which he has annexed the order passed by the Senior Superintendent of Police, Patna putting the informant under suspension. Let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in Pirbahore P.S.Case no.09 of 2004. B.Kr. ( Dharnidhar Jha, J. )