IN THE HIGH COURT OF JUDICATURE AT PATNA CR. MISC. NO. 17606 OF 2009 ***** Md. Hassamul Haque @ Rahat, son of Md. Izharul Haque, resident of village- Maubehat, P.S.- Manigacchi, District-Darbhanga. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ---------- For the petitioner : Mr. Vishwanath Prasad Sinha, Senior Advocate Mr. Durgesh Kumar Singh, Advocate Mr. Sanjay Kumar Singh, Advocate For the State : Mr. A.M.P. Mehta, A.P.P. --------- 5. 11.9.2009. Petitioner was informant of Pandaul (Sakri) P.S. Case No.414/08, which was registered under sections 302, 120(B), 34 of the Indian Penal Code and 27 of the Arms Act. According to the statement made by him before the police he alleged that he works as an Advocate Clerk in the civil court and on the date of the incidence one Gunanand Choudhary came to the court with some work at about 5 P.M. Gunanand Choudhary along with the present petitioner left for their village on motorcycle, they saw three persons Md. Kadir, Manikant Jha and Md. Kari standing near a petrol pump. When they reached near railway crossing known as Sakri Nawada, one motorcycle came parallel to them, three persons were sitting on it, Md. Kadir is supposed to have fired from his revolver three times, which hit Gunanand Choudhary. The petitioner raised alarm and informed the police on telephone and thereafter on his statement the present case came to be lodged. It is submitted on behalf of the petitioner that the investigation was done but because the main accused Md. Kadir is an - 2 - influential local politician, whose wife is the Mukhiya and he himself is the Up-Mukhiya the police turned the investigation away from him and police has now filed a final form against him. Without any cogent material and evidence the informant now is being suspected if not charged with stage-managing the murder. He also submits that the police is in hand in glove with the main accused and only with the object of saving him the petitioner is being made a scapegoat. It is further submitted that large number of villagers including the wife of the deceased have raised a hue and cry on allowing Md. Kadir to walk away as easy as that and that is the reason why the protest petition has also been filed in the Court of Chief Judicial Magistrate in which cognizance has been taken against Md. Kadir. In the above circumstances making the petitioner an accused by the police is only a proof of the above allegation made against it. It is not in dispute that the present petitioner is supposed to be informant and he had specifically named certain persons alleged to have committed the crime though it is not denied that a final form was filed against the prime accused persons and the needle of suspicion have been turned against the present petitioner but looking at the subsequent filing of the protest petition and cognizance having been taken the Court is inclined to give benefit of doubt to the present petitioner at this stage. Let the petitioner, namely, Md. Hassamul Haque @ Rahat, be enlarged on bail on furnishing bail bond in the sum of Rs.20,000/- (Twenty Thousand) with two sureties in the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani, in connection with Pandaul (Sakri) P.S. Case No.414/08. One of the sureties shall be executed by the father of the - 3 - petitioner and the other by an elected representative of the area. It is also recorded that the petitioner will cooperate in the trial by appearing in the matter if the occasion for the same arises and shall not abscond from law and will cooperate in the matter. Pawan/- (Ajay Kumar Tripathi, J.)