IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27773 of 2008 RAM KUMAR CHOUDHARY S/O- LAKSHMI CHOUDHARY R/O- VILLAGE – BHADUGHAT, P.S.- WARISNAGAR, DISTRICT - SAMASTIPUR Versus STATE OF BIHAR ----------- 3. 11.11.2008 Heard learned counsel for the petitioner and the state. Petitioner is an accused in a case registered for the offences under sections 302/34 of the Indian Penal Code and Under Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that FIR is against the unknown accused persons. There is no allegation in the First Information Report against this petitioner with regard to killing the Bank Manager. However, it is a fact that the petitioner was the BICHAULIA who used to assist the villagers in getting their loan sanctioned. Learned counsel for the State on perusal of the case diary submits that in course of investigation the name of the petitioner has figured in the confessional statement of Shankar Rai in which it has been stated that the petitioner is a BICHAULIA and in his help loans under KCC programme were sanctioned to the - 2 - villagers which were ultimately found to be irregular loans because the proper loan certificates were not produced. He further submits that during investigation material has come that the petitioner used to threaten the Bank Manger alongwith the co-accused persons. However, the specific statement of the one co-accused Anis who is named as the person who fired which led to the killing of the Bank Manager. In the said statement name of petitioner does not figured. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner named ABOVE 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 the Chief Judicial Magistrate, Samastipur in connection with Waris Nagar P.S. Case No. 226 of 2007 corresponding to G.R. No. 2237 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)