IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4132 of 2011 BIRBAL PANDIT (KAHAR) Versus THE STATE OF BIHAR ----------- 02 26.03.2011 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 it appears that the name of this petitioner came in this case in course of investigation. The learned court below has referred Paragraph Nos. 42, 52 and 76 of the case diary to show the complicity of the petitioner in the alleged crime but it has specifically been averred by the petitioner at Paragraph Nos. 8 and 9 of his application that Paragraph Nos. 24 and 42 of the case diary contain only this fact that the petitioner was seen roaming near the place of occurrence and Paragraph No. 52 of the case diary contains the confessional statement of co-accused. Similarly, Paragraph No. 76 of the case diary is nothing but only the supervision note of Deputy Superintendent of Police. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, 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 Chief Judicial Magistrate, Siwan in connection with Guthani P.S. Case No. 58 of 2010. Shahzad ( Hemant Kumar Srivastava, J.)