IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28765 of 2008 HOSHILA YADAV Versus THE STATE OF BIHAR ----------- 5. 22.12.2008 Heard Sri Ramakant Sharma, senior counsel for the petitioner and the learned A.P.P. for the State. The petitioner is in custody in a case under Section 302 IPC in which he is not named in the FIR. In fact none is named in it as an accused as the Chaukidar of the locality had found a dead body and had accordingly lodged the report. The petitioner appears bearing a long criminal history on account of being accused in as many as 32 cases as per the submissions of the learned counsel for the State. However, what appears from the reference to different paragraphs of the case diary is that the petitioner was not named by any of the persons at a time which could be proximate to the incident. After one year of the incident, the brother of the deceased was filing a petition before the S.P. complaining about the dishonest handling of the investigation and whatever statement was given by the witnesses was in the supplementary case diary which started coming - 2 - out and to be recorded since 12.1.2008. The simple argument which has been made before me as to why the persons were silent for above a year not to indicate or state facts as were stated by them. Regard being had to the facts of the case that the fact still remains in the realm of grave doubt, 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 A.C.J.M. Bagaha, District-West Champaran in Thakraha(Bhitaha)P.S.Case No.49 of 2006. B.Kr. ( Dharnidhar Jha, J. )