IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35052 of 2011 Sushmit Kumar & Anr Versus The State Of Bihar ----------- 03/ 08.12.2011 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are not named in the first information report but it appears from submissions of the parties as well as from perusal of the case diary and report of the learned Judicial Magistrate Sri Atul Veer Singh that petitioners were arrested in connection with Shahkund P.S. Case no.16/2011 and they were kept in Thana Hajat and it would further appear that the informant as well as some other witnesses of the present case were called by the Officer Incharge and thereafter they identified petitioners in Thana Hajat. Later on, petitioners were put on test identification parade and they were identified by the witnesses. Learned counsel for the petitioners submits that, as a matter of fact, nothing has been recovered from conscious possession of the petitioners but Investigating officer planted the alleged recovery and some documents were shown to be recovered from the possession of the petitioners. It is also pointed out by him that another bench of this court has taken serious note of above stated manipulations of the Investigating officer in case diary of Shahkund P.S. Case no.16/2011 and has directed the S.P. Bhagalpur to look into the matter. Considering the aforesaid facts and circumstances as well as - 2 - submissions of the parties, let the petitioners, Sushmit Kumar and Mukesh Kumar, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Akbar Nagar P.S. Case no. 5/2011. Since another bench of this court has already directed the SP, Bhagalpur for enquiry, there is no need to give fresh order of enquiry. Let the case diary and other documents be returned to the court below in sealed cover. shahid (Hemant Kumar Srivastava,J)